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

Sunday, March 23, 2008

Veterans of Foreign Wars

Disabled American Veterans

United States Department of Health and Human Services

Office for Civil Rights, Region X

Social Security Administration-General Counsel

Social Security Administration-Regional Chief Judge

The Oregonian

Dear Sirs or Madams:

I am a disabled United States Navy veteran of the Vietnam War and the Cold War. I am rated at 90% disabled by the US Department of Veterans Affairs.  I suffer from PTSD, Depression and neuropathy, to name a few because of my service during the Vietnam War and during the capture of the USS Pueblo by the North Korea Communists/show of force by the US Navy thereafter and other encounters with the Soviet Navy and Air Force in the Cold War, serving in both the Atlantic Fleet and Pacific Fleet of the US Navy. http://www.yorktownsailor.com/yorktown/pueblo.htm

I am a life member of the Veterans of Foreign Wars and the USS Yorktown Association and operate a website that is a tribute to the service of those great aviators and sailors in wartime. http://www.YorktownSailor.com

Because of my war times service and injuries I move much more slowly than before. I use one to two crutches at all times because if I do not I will fall over into a wall or onto the floor. My handwriting has deteriorated to the point where I can barely read it. Working on the flight deck of two aircraft carriers with screaming jet engines and no ear protection has affected my hearing, among other things.

The Social Security Administration, by and through Administrative Law Judge Dan R. Hyatt. has treated me, a disabled United States veteran in a shameful fashion. When the recorder was off after a Social Security hearing and in front of at least two witnesses (and when knew the recorder was off because he ordered it off apparently so there would be no recording of his misconduct), told me to get out of the courtroom and I endeavored to comply with his wishes. As he knows, I have a bookcase on wheels, a separate brief case for client’s files and all the contents were spread upon the counsel desk plus one to two crutches. The entire contents of my law office on wheels is about 30 pounds.

I was putting all these items away and placing the brief case on top of the book case with wheels when again ordered me to “leave or I’ll call in Tim to throw you out.” Tim was the 300 pound plus contract guard in the ODAR office. He has had several “run-ins” with disabled people at Social Security and has finally separated from his employment there with absolutely no advance notice where he has escorted people out of Social Security for the slightest real or imagined infraction.

Indeed, I once handed a note that I wrote out by hand. He said, “I can’t read your writing…read it to me.” I said, “Sorry about my handwriting…” but before I could finish in a very mocking tone stated “yeah, yeah. I’m sure you’ve got lots of disabilities.” (exact words on disk)

SSA has a duty to comply with ADA and other applicable regulation and laws and permit me time to egress from a hearing at my best speed and not have me physically “thrown out” and permit disabled United States Navy veterans dignity.

I cannot move any faster than I did on that day and indeed, my medical doctors say that my condition is degenerative so my speed will only anger Dan R. Hyatt more in the future. I live in fear that Dan R. Hyatt will use some other force to have me thrown out of a hearing in the future (my law practice is obtaining benefits for disabled people) if I don’t move to quickly to leave when he abruptly ends a hearing after a few minutes or at the end of a hearing.

In fact, as I cannot hear as well as I could before I served aboard the USS Kearsarge and the USS Yorktown I sometimes have to ask people to repeat themselves or cup my hand to my ear. At one recently hearing I asked to clarify what he meant when he said, “one more interruption from you and you’re finished” because I feared I missed something as the comment by didn’t make sense and was not a term I had ever heard a judge make in nearly 25 years since I became a member of the Bar and have been doing my duty to clients in courts. It was at that point abruptly ended the hearing.

This discrimination and abuse of disabled United States Navy veterans is unconscionable. I am researching to find an attorney who can bring this issue to the United States District Court but I also want to put you on notice that this is occurring apparently each and every day in a hearing room of the Social Security Administration.

Respectfully,

Daniel A. Bernath

Attorney at Law

****
 

Daniel A. Bernath
Attorney at Law
Member United States Supreme Court Bar. Member California Bar
13500 SW Pacific PMB #202
Tigard, Oregon 97223
(503) 639 6666 ussyorktown@comcast.net

Office of Disability Adjudication and Review
17^th Floor ODS Tower
601 SW Second Avenue
Portland OR 97204-9701

Dear Hearing Office Director:

I request additional security at ODAR because I fear that your employee Dan R. Hyatt may again lose control and physically harm me. I am a 90% disabled Vietnam War and Cold War veteran who must use a crutch to get around. Please should contact the federal protective service to have one of their officers sit in the hearing room with me and Dan R. Hyatt on April 28.

He has stated that he will retaliate against me for some imagined slight and so far, he admitted by not denying to the Oregon State Bar that he stole US Government property in his apparent attempt to hurt me, he has threatened to have me thrown out of a hearing room because I was too slow in his opinion in egressing. I am entitled to a safe environment as is my client when appearing before your agency and your office.

I fear, from his out of control and angry behavior in the past that he might harm me or my client at the April 28, 2008 hearing.

Please refer to the letter I wrote previously about Dan R. Hyatt ’s threats and intimidation tactics.

Respectfully,

Daniel A. Bernath
Attorney at Law

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:

•     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

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•  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

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