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

Wednesday, March 26, 2008

Regional Chief Judge
Social Security Office Of Disability Determination and Review
701 Fifth Street M/S 904
Suite 2900

Seattle WA 98104-7075

Oregon State Bar

16037 SW Upper Boones Ferry Rd
Tigard, OR 97224

Re: Demand that Social Security Administrative Law Judge/Oregon State Bar Member Dan R. Hyatt be suspended from employment as judge pending investigation by Oregon Bar of theft US government property and unauthorized release of Social Security Numbers

Re: Demand that Social Security Administrative Law Judge/Oregon State Bar Member Dan R. Hyatt be suspended as active member of Oregon Bar pending investigation by Oregon Bar of theft US government property and unauthorized release of Social Security Numbers

To the Oregon State Bar and to the Honorable Regional Chief Judge of Social Security:

There is now an investigation by the Oregon State Bar over the alleged theft of United States government property by your employee Dan R. Hyatt in the Portland ODAR office. He currently is employed as an administrative law judge.

 

The allegation before the Oregon State Bar is that the confidential social security number of Barry M of Southwest Washington State was sent to the Oregon State Bar without his permission. There is also a possibility that confidential medical information regarding Social Security disability recipient M was also revealed and compromised.

 

Furthermore, my social security number has turned up missing. I must file a SSA 1695 form with my social security number so that I may participate in the direct payment of attorney fee program. I am now informed by a component of SSA that that form, that I filed with the officer where Dan R. Hyatt works is now missing.

 

As is my duty as an attorney at law, I have demanded an investigation of Dan R. Hyatt . Probable cause points to Dan R. Hyatt  and the Oregon State Bar states;

 

“Misconduct means a violation of the rules of professional conduct and applicable statutes that govern lawyer conduct in Oregon.

The concerns you presented are essentially the same as previously submitted by Barry M. We have acted on Mr. M’s complaint by asking Judge to provide his account of this matter. We will provide Judge ’s response to you and advise you of what action the bar takes.” Scott Morrill Ass’t General Counsel, Oregon State Bar March 24, 2008

 

The Oregon State Bar has quite a history regarding Dan R. Hyatt to review. The Public Records coordinator for the Oregon State Bar states that to copy all complaint related documents about Dan R. Hyatt would cost $225 as there are 900 pages of complaint related documents regarding this Social Security employee. I will review them for you and let you know if there are any other allegations of theft of government property and compromising of private social security numbers.

 

The breach of security, apparently by Dan R. Hyatt is indeed breathtaking. The State of Washington has recently passed laws regarding identify theft. Identity theft occurs when a Social Security number is stolen and an illegal alien or others take the number of the true holder and begin using it as their own. At best, the victim is faced with repairing his credit as the thief makes thousands of dollars of purchases.

 

But in this case it is even more egregious. Here, the victim is a Social Security recipient on Disability. He cannot work and thus is getting Social Security benefits. If his Social Security number is stolen by an illegal alien so that the alien can pretend to be an citizen and thus obtains a job in the US, then the victim Barry M will be taken off Social Security disability. It is a life or death violation as many people on Social Security Disability benefits would lose their homes and ability to feed themselves if their Social Security number is stolen.

The people at the Oregon State Bar, or wherever these social security numbers are being sent, are not briefed on how to handle such an important document. The receptionist or the people in the mailroom who opens, the cleaning staff, attorneys and others who just walk into and out of the OSB office are all people who could potentially see this confidential medical and private information and SS number, steal it and sell it.

 

Indeed, if Dan R. Hyatt sold Social Security numbers it would be very damaging to thousands of citizens of Oregon and Washington State. Dan R. Hyatt , in a rather braggadocio fashion says, “I hear 600 Social Security cases a year.”

 

As such, 600 people a year are at risk of having their valuable Social Security number compromised or somewhere down the line, sold. He also brags that he has been an Dan R. Hyatt R. Hyatt for 11 years. The number of people at risk therefore is 6,600 Oregon and Washington citizens.

 

To reassure the people of Washington State and Oregon and to maintain the integrity of the Office of Disability Adjudications and Review of Social Security, Dan R. Hyatt. should be suspended from any duties. Futhermore he should not be permitted near the 10,000 Social Security numbers and files currently at the Portland Oregon office until the public can be assured that they are not in danger.

 

I remind you that the private medical information and social security numbers were sent across state lines anonymously, thereby establishing a “consciousness of guilt” by the party that committed these crimes of theft of government property and release of private information.

Respectfully,

Daniel A. Bernath

Daniel A. Bernath

Attorney at Law

 

 

Cc: Margie Boule, The Oregonian

Thomas Frank, USA Today
Massimo Calabresi, Time Magazine

Erik Eckholm, New York Times
Jackie Calmes, Wall Street Journal

Allan Sloan, Washington Post
Portland Tribune
Oregonian
Willamette Week

KTVU

KGW

KOIN

Channel 12

Social Security Office of General Counsel


footnote: 

# If 6,600 Social Security numbers were stolen and sold it could amount to a profit of nearly $300,000. “Social Security Numbers Are for Sale Online NewsMax.com Wires
April 5, 2005 It's $35 at www.secret-info.com. It's $45 at www.Iinfosearch.com, where users can also sign up for a report containing an individual's credit-card charges investigators can find it. Although Social Security numbers are one of the most powerful pieces of personal information an identity thief can possess, they remain widely available and inexpensive despite public outcry and the threat of a congressional crackdown after breaches at large information brokers.”

 

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: