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
Monday, March 24, 2008
Oregon State Bar-Disciplinary
P.O. Box 231935
Tigard, OR
97281-1935
Re: Unfitness of ALJ 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.
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.
On March 4, 2008, you kindly sent me the 2007 Oregon State Bar Rules of
Profession conduct, reflecting Amendments thru December 1, 2006. I will quote a
few relevant sections:
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional
Conduct, knowingly assist or induce another to do so, or do so through the acts
of another;
(b) commit a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit
or misrepresentation;
(d) engage in conduct that is prejudicial to the
administration of justice;
Dan R. Hyatt lied in a document to
the Office of Disability Review and Adjudication and
to the Appeals Council
Dan R. Hyatt falsely stated, “the claimant protested approval of the fee
agreement. He asserts that the representative failed to follow through on
instructions given to him at the hearing and has conducted himself in an
unprofessional manner.”
Dan R. Hyatt has lied.
In a conversation on February 11, 2008, claimant stated that has
never said that attorney Bernath failed to follow through on
instructions given to him at the hearing or that he conducted himself in an
unprofessional manner. The evidence shows, without any contradiction, that Dan
R. Hyatt made up the statements in his Order regarding Bernath’s performance and
claimant’s statement completely from thin air:
Attorney Bernath “Did that judge call you on the phone?”
Claimant Green: “No.”
Bernath: “Did he write you a letter?”
Green: “No.”
….
Bernath: “Did you ever tell him (ALJ ) that I wasn’t following through
on instructions given to him (Bernath) at the hearing”?
Green: “I never talked to…How could I do that, I never talked to that judge.”
Bernath: “Did you ever say that?”
Green: “I never talked to him. How could I say that?”
Bernath: “So the answer is no?”
Green: “The answer is…I don’t get it. Everything I did I went through you.”
….
Bernath: “Did you ever say that I was acting unprofessionally?”
Green: “I have nothing to do with that. No. I don’t know what you’re talking
about. I swear to God I don’t.”
Bernath: “So you never said to him that I acted unprofessionally.”
Green: “I never talked to a judge. When could I ever talk to a judge? How
could I talk to a judge, I don’t have his address, I don’t have his phone
number. How could I talk to a judge. You were standing right there the whole
time.”
Interview with Claimant Don Green with Daniel Bernath 3.11.2008
At no time did Claimant Don Green state the words that Dan R. Hyatt has
stated. Dan R. Hyatt
to quote another attorney “is a bald faced liar” and apparently has been a
bald faced liar
ever since he took on the job as administrative law judge. I will update you
further as
more evidence of his dishonesty is uncovered of Dan R. Hyatt ‘s dishonesty,
trustworthiness,
deceit, and “conduct that is prejudicial to the administration of justice.”
Respectfully,
Daniel A. Bernath
Daniel A. Bernath
Attorney at Law
footnotes:
# For a true Constitution Article III 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.
# Oregon Bar member David “Lowry once called (Dan R. Hyatt ) a "baldfaced liar"
on the record and then sat at counsel table…” David B. LOWRY, Plaintiff-Appellant,v.
BARNHART, Dan R. Hyatt ; et al, Defendants-Appellees United States Court of
Appeals, Ninth Circuit. - 329 F.3d 1019
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
