Daniel A. Bernath
Attorney at Law
Member United States Supreme Court Bar. Member California Bar
13500 SW 99W #202
Tigard, Oregon 97223

(503) 639 6666 ussyorktown@comcast.net

To:  Dan R. Hyatt

I have already submitted a memorandum that unless you serve me and my client with a subpoena to testify against the charges of bias by yourself that we have no Notice of your intentions. As we have no Notice we are unable to file a motion to quash, hire counsel and prepare for your questions. I will of course testify at a hearing regarding your fitness to act as a hearing officer, if served with a subpoena.

If you use the hearing tomorrow for any purpose other than to politely gain facts to aid you in the Agency’s determination of my client’s disability and act in any way that is contrary to the CFR which mandates that you act non-adversarial, I shall file a demand to have you terminated as an Administrative Law Judge with the Office of Personnel Management, Chief Administrative Law Judge-Region X and will file a complaint for any violations of the Oregon Code of Professional Conduct that you commit.

I note that you have a public history with mis-using Social Security hearings to intimidate witnesses, claimants and attorneys;

July 14, 2004 “Dear Dan R. Hyatt : Sherrie Warren has expressed concern about your conduct. Ms. Warren and her mother raise ethical issues that you, as the Administrative Law Judge on Ms. Warren's social security case, scheduled a hearing not in the legitimate furtherance of the case, but rather in an effort to intimidate and threatened Ms. Warren, her mother, and her lawyer.


{Dan R. Hyatt uses} 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. Lowry v. et al., 329 F.3d 1019