Office of Disability Adjudication and Review

17th Floor ODS Tower

601 SW Second Avenue

Portland OR 97204-9701

Re: Keenan M

Dear ODAR:

This memo will memorialize what occurred in the very brief hearing of March 13, 2008. ALJ Dan R. Hyatt began to question claimant. He stated in effect,

ALJ Dan R. Hyatt “can you lift ten pounds.”

claimant: “about that.”

ALJ Dan R. Hyatt “so you can lift ten pounds.”

Attorney for Claimant Bernath “that’s not what he said.”

(or words to that effect)

ALJ Dan R. Hyatt “if you interrupt one more time you’re finished!

Bernath “what does that mean?”

ALJ Dan R. Hyatt “you’re finished. This hearing is closed.”

Claimant’s attorney’s objection was proper. The objection was that the ALJ’s question assumed facts not in evidence and was leading and thus a violation of claimant’s due process rights. Protecting claimant’s due process rights is the role of the claimant’s representative.

ALJ Dan R. Hyatt should recuse himself

ALJ should seriously consider recusing himself from all Bernath represented hearings as he has done with the Barry M hearing where he determined he was too biased against Daniel Bernath and recused himself and Judge Haack thereafter decided the B case.

Claimant should specifically recuse himself in the instant matter. Claimant, herein, believes that ALJ Dan R. Hyatt is giving the impression that he is an advocate for the Social Security Administration, (which has already wrongfully denied him benefits in the past repeatedly,) that ALJ Dan R. Hyatt already has his opinion and that opinion is that decided against his application before he has even had a chance to talk.

Consultative Exams

For the ALJ Dan R. Hyatt to present a complete record he must order consultative examinations. Claimant has been wrongly accused of ingesting illegal drugs. As I understand the facts, claimant is homeless and unable to pay for medical care. State law requires that anyone presenting himself for emergency care at a Washington or Oregon hospital must be made stable. It is the apparent policy of these hospitals to turn out the homeless by falsely stating that the patient is ingesting illegal drugs and therefore there is nothing they can do for him, thus relieving the hospital of their legally mandated duty which costs them money to fulfill. Therefore, a consultative examination is required to prove that claimant is not and has not ingested illegal drugs.

Claimant suffers from cerebral palsy. He has a low IQ, was in special education in school, finished the 9th grade only and got “credit” in high school for working in his father’s produce market. He stutters. He has gait disturbance as he staggers, he is unsteady and any bump of him while he standing causes claimant to fall to the ground or the wall. He also has difficulty in the use of his hands, taking up to six hours to do two hours work sorting nuts.

As such, Consultative Examinations for this impairment is required.

 

Good Cause Exists for Reopening the previous application

Claimant was under a legal disability. He did not receive Notice that his previous application had been denied and therefore he could not ask for a reconsideration and/or hearing before an ALJ

Claimant was required to request a reconsideration of denial and/or hearing before an administrative law judge. He could not do so because he was in prison and did not get notice. He had no fixed address but was dwelling in a trailor. When he was in prison his “home” was stolen and any mail, if any there was, was stolen and lost as well. As these Notices were never sent to him by SSA at his true address, he has a constitutional right to have this previous claim reopened.

 

The ALJ Dan R. Hyatt hired a vocational expert but did not give notice that a VE had been hired.

 

Daniel A. Bernath
Daniel A. Bernath

Attorney at Law

 

 

 

 

 

 

THESE MOTIONS ARE SENT BOTH BY FAX AND BY US MAIL SO THAT THERE IS PROOF THAT THE SOCIAL SECURITY ADMINISTRATION HAS RECEIVED THEM

 

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.

Official Documents--Dan Hyatt takes "government property, has a problem with interracial couples", exposes secret social security numbers to strangers of claimants, calls an attorney "an asshole", calls another attorney "a moron", Dan Hyatt is a "bald faced liar", misrepresents that he is a US District Court judge, uses intimidation, anger and verbal abuse against helpless Social Security disabled claimants, threatens disabled US veteran with assault, say privileged documents.


The following are complaints to the Oregon State Bar
or other privileged documents: