Daniel A. Bernath
Tuesday, March 18, 2008
Oregon State Bar-Disciplinary
Re: Probable cause to investigate Administrative Law Judge Dan R. Hyatt ’s (Oregon Bar Member: 782524) misrepresentation (fraud)
Dan
R. Hyatt is misrepresenting that he is a United States
District Court Judge
"semi-independent, inferior hearing officer" Dan R. Hyatt makes this fraud to discourage claimants from filing an appeal against him in the REAL US District Court because they believe that he is a US District Judge and their case has already been decided by a US District Judge
Dear Disciplinary Counsel:
This complaint is regarding Dan R. Hyatt , Oregon State Bar, Active member 782524. This complaint is written to you not in Dan R. Hyatt ’s role as an administrative law judge (hereinafter ALJ) but because of his “Active” membership in the Oregon Bar.
To maintain has employment as an ALJ he must be in good standing with one of the 50 states bar association. Therefore, Social Security views him as an attorney at law and he must maintain his law license with the Oregon State Bar by complying with its Rules of Professional Conduct. If Dan R. Hyatt is suspended or disbarred by the Oregon State Bar and is a member of no other bar, he would thus be disqualified to be an administrative law judge. Therefore, the Social Security Administration looks to the Oregon State Bar to enforce its rules against Oregon State Bar member Dan R. Hyatt .
In his job description an ALJ represents the rights of the claimant and of the United States. It is a hybrid job of disability determination and Oregon attorney at law. He is empowered to enter into negotiation with the attorney for claimant to resolve a claim and to protect the rights of claimant by preparing a complete record, etc.
Dan R.
Hyatt regularly holds hearings in the federal building in Vancouver Washington. He
uses the Courtroom used by the United States Federal Judges and Dan R.
Hyatt sits under the Seal of the US District Court (similar to the seal in
this picture) even though several bankruptcy trustee hearing rooms are available
and open for his use but the ambiance is not as intimidating to claimants and
might defeat his goal of misrepresentation.
No claimant that I am aware of has requested that a hearing be held in Vancouver Washington when the Portland Office of Disability Determination has so many amenities for claimants. The Portland ODAR is a mere 15 minute drive from where Dan R. Hyatt insists on holding many of his hearings, has no handicapped restrooms and no conference rooms for clients and attorneys to meet before the hearing. Dan R. Hyatt apparently uses this setting so that he may perpetuate this misrepresentation and for no other reason.
Dan R. Hyatt is an administrative law judge which gives him the position of merely a semi-independent, inferior hearing officer regarding only whether a claimant meets Social Security rules for disability. Dan R. Hyatt makes this fraud that he is in fact an US Constitution Article III judge to to discourage claimants from filing an appeal against him in the REAL US District Court because frightened claimants, after having been verbally abused by under the banner of the US District Court, thus believe that Dan R. Hyatt is a US District Judge and their case has already been decided by a US District Judge and it is futile to appeal his biased decisions. (The US Supreme Court has held that ALJs were intended to be merely a "special class of semi-independent subordinate hearing officers.,'" not on par with Article III federal judges. Ramspeck v. Fed Trial Examrs. Conf. 345 US 128, 132 (1953) (citing Legislative History of the Administrative Procedure Act).
Dan R. Hyatt wears a judicial robe, even though he is not authorized to wear this judicial garb and was not issued one by his employer the Social Security Administration and his duties are a continuation of the Disability Determination Services and those personnel do not wear judicial robes. A large number of administrative law judges also do not wear robes (which must be purchased by the ALJ‘s with his own money and is therefore a "rent a robe."
I have appeared at several hearings before Dan R. Hyatt and he never announces to anyone that he is NOT a United States District Court judge. My claimants are very intimidated by this fraud by your bar member Dan R. Hyatt . Dan R. Hyatt is perpetuating this misrepresentation/fraud upon the claimants in violation of Oregon State Bar rule 8.4
(a) (3) It is a professional misconduct for a lawyer to: (a) engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law and (4) engage in conduct that is prejudicial to the administration of justice.
Respectfully,
Daniel A. Bernath
Daniel A. Bernath
Attorney at Law
# For a true Title II judge or judge of the State of California, membership in the State Bar is incompatible with the judicial duties and judges in California and Constitutionally created federal judges are NOT members of the local state bar associations. Unlike an ALJ, these judges do not have hybrid duties.
# Bankruptcy division.
# 15 minutes Total Estimated Distance: 9.4 miles. In contrast, claimant’s who live in Seaside Oregon must travel to Portland, some reporting that the trip takes several hours. Therefore, Dan R. Hyatt is holding hearings in Vancouver for his own personal reasons. The ODAR office has at least 3 conference rooms for attorneys and claimants to meet. At the Vancouver Federal Building there is none and claimants and their attorneys are reduced to traveling several blocks to use a public café in the Clark County courthouse. Furthermore, there are no handicapped restrooms at the Vancouver Federal Building but at the Portland ODAR there are at least two-something that is necessary for disabled Social Security claimants.
# This is contrasted with judges in the California Court system who are required by law to wear a judicial robe.
Dan
R.Hyatt
is a member of the Oregon Bar.
He
must be a member of the bar to be eligible to be an administrative law judge.
He currently is employed by the Social Security Administration as an
administrative law judge out of the Portland Oregon ODAR.
The following are complaints to the Oregon State Bar
or other privileged documents:
Administrative Law Judge Dan R. Hyatt calls
claimant "White Trash" tells black and white couple that he has "a problem
with interracial marriage." Eventually another judge hears the case
and they are granted Social Security Disability
click here
Request for investigation
as to why ALJ Dan Hyatt insists on holding hearings in inconvenient location
in State of Washington after report that he was doing it for his own "tax
reasons." click here
Social Security agrees to fine itself $1,500 because of the
vexatious, wanton and oppressive conduct of Dan Hyatt.
Dan Hyatt has an "anti-claimant" standard if an attorney is an effective
attorney as Dan Hyatt demands only "docile counsel", Dan Hyatt calls Social
Security lawyer an "asshole." click here
Complaint about Dan R. Hyatt's alleged criminal coercion against editor of Oregon State Bar Reporter to get him to take down this webpage and all over public documents of Dan R. Hyatt click here
Complaint to Oregon State Bar~ Re: Probable cause to investigate Administrative Law Judge Dan Hyatt’s
(Oregon Bar Member: 782524) possible involvement in transport of
stolen federal property across state lines and breach and broadcast of citizen’s
Social Security number and other confidential and private information
click here
Chief
Administrative Law Judge of the United States, scolds Oregon State Bar for
receiving and hanging onto stolen social security number from ALJ Dan Hyatt
Private Social Security number revealed by ALJ Dan Hyatt to the public
"property of Social Security" and its ended up at Oregon Bar violates the
law
click letter to make larger
Complaint to Oregon State Bar-damage to thousands if
Dan Hyatt is acting recklessly and has the secrets of thousands of helpless
people in Oregon and Washington State.
click here
Social Security number of attorney goes missing in office
where Dan Hyatt works click here
Demand that Administrative Law Judge Dan Hyatt be suspended
pending results of investigation of theft of government property and
compromising of private social security numbers
click here
Demand that Oregon State Bar surrender stolen property to
victim of Social Security employee who revealed his personal medical
information and social security number. Receiving/possession stolen
property is a crime click here
Administrative Law Judge Dan Hyatt cooks the evidence to
blackball consultative examiners who find that claimants are disabled; stops
claimant's lawyer from asking questions at hearings
click here
Hyatt blackballs some of the finest psychiatrists in two states because they
sometimes find claimants "disabled" click
here
Dan
Hyatt is misrepresenting that he is a United States District Court Judge
says complaint to Oregon State Bar click here
This has been going on since he first became a administrative law judge 11 years ago:
Dan Hyatt lies, Dan Hyatt is biased against certain claimants, takes out revenge against lawyer who aggressively represented Social Security clients, after waiting 3 years for a Social Security hearing, claimants face;
intimidation,
anger,
and other vituperative behavior (containing or characterized by verbal abuse)
refusal to hear evidence,
cancellation of hearings with no opportunity to develop a record on appeal,
ex parte (without their attorney present) contact with claimants, and
foreclosure of cross-examination.
according to
lawsuit against ALJ Dan Hyatt click here
Administrative Law Judge Dan Hyatt calls private
attorney for claimant a "moron" and a liar. Hyatt is proven to be
wrong on all counts. Threatens to have disabled veteran of Vietnam War
"thrown out" of hearing because he was moving too slowly after
hearing cancelled by ALJ Dan Hyatt click here
Dan Hyatt treats disabled United States Navy veteran
shamefully. Threatens to have 300 pound (plus) guard "throw out"
disabled veteran. click here
Dan Hyatt ignores the law and lies in an order.
click here
Dan Hyatt misrepresents and commits fraud by implying he is
a United States District Court Judge, nominated by the President and
confirmed by the US Senate when he is not;
Dan Hyatt admonished by Social Security Administration for
acting "unprofessionally",
Dan Hyatt is a "poor historian", said another way, Dan Hyatt is a liar,
Dan Hyatt attempts to overburden attorneys who practice in
his Social Security room so that claimants will either decide not to hire an
attorney (and lose) or so he can act as an admin judge in front of only
docile and ineffective lawyers click here
Attorney David Lowry quoted by US Ninth Circuit Court of Appeal (one level below US Supreme Court) saying that Dan Hyatt is a bald faced liar click here
Dan Hyatt "a bald faced liar" since 1998 to 2008! Ten Years a Liar, complaint to Oregon State Bar, "Unfitness of Dan R. Hyatt (Bar Number 782524)to be a member of the Oregon Bar Multiple violations of Rule 8.4 (3) dishonest, fraudulent, deceitful conduct, etc. click here
Dan Hyatt betrays his oath to support the laws of the United States as he creates his own laws and becomes judge/jury/executioner
Dan Hyatt lies, tells such a big lie, such an obvious lie, that it will take your breath away
Dan Hyatt demands that Shaking Social Security claimant
breach confidential attorney-client communication
click here
Dan Hyatt stops hearing of claimant who has been waiting for 8 years for disability benefits because claimant's attorney 'objected' to Dan Hyatt misstating the testimony and asking a leading question. click here
Because of Dan Hyatt's lies and cruelty, a social security claimant is forced to beg for food click here
Because of Dan Hyatt's betrayal of a claimant's social security number, steps are taken to protect his him identity theft so that his future social security benefits are not denied him when an illegal alien uses his stolen social security number click here
Dan Hyatt lies repeatedly to investigator as the Oregon State Bar investigates his alleged unethical conduct click here
Model Motion so that you can disqualify Dan Hyatt from hearing your case click here
Judge Dan Hyatt admits extra
judicial bias-if you don't have a lawyer, he will rule against you
click here
Dan Hyatt admits that he will rule against a Social Security claimant if his lawyer is "an asshole" click here