|
Portland Social Security lawyer David
Lowry sues
Social Security judge who keeps ruling against him.
BY
TAYLOR CLARK |
tclark at wweek dot com
[June 18th, 2003]
It's every lawyer's secret fantasy: Don't just get angry
with the judges who seem to screw you over constantly, get
even. But while others were content to daydream about their
least favorite judges in medieval torture chambers, Portland
Social Security lawyer David Lowry took his grudge against
Administrative Law Judge to the next level--by
suing him.
Back in August 1999, Lowry filed suit against ALJ in
federal court, alleging that the judge had a bias against
him that did "harm to his business reputation as an
attorney."
As a judge for
the Social Security Administration, presides
over many of Lowry's cases and has frequently ruled against
his clients. Lowry sought to have Dan R. Hyatt removed from
his future cases, complaining that the judge used anger and
intimidation tactics to shorten his hearings, wouldn't let
him present evidence or cross-examine witnesses, and once
told two clients that Lowry was a "poor attorney who does a
poor job."
 For his part,
Judge claims that Lowry has a "disrespectful and
contemptuous" attitude and says that the lawyer once went so
far as to call him a "baldfaced liar" on the record, then
retreat to the counsel table laughing.
"Social Security
Judge
absolutely hates David Lowry's guts, and the feeling
is mutual,"
says Tim Wilborn, another Social Security lawyer.
"There's no good blood between the two of them."
But unfortunately for Lowry, the United
States Ninth Circuit Court of Appeals
seems to share Dan R. Hyatt's low opinion of
him. In an opinion filed last month, the
court poured cold water on Lowry's
lawsuit, in the process implying that
Lowry's problems had less to do with
judicial bias than with "his losing
track record." After demolishing most of
his arguments, the Circuit Court judges
ruled that the dispute lay outside their
jurisdiction and dismissed the
complaint.
In fact, Lowry has a history of
tangling with judges. In his initial
complaint, he also asked to have two
other "co-conspirator" judges removed
from his future cases. In 2000, Lowry
pressed for a bias investigation of one
of the "co-conspirators," Judge Riley
Atkins, with unspectacular results.
Lowry can still lobby to have his
case heard in the U.S. Supreme Court.
Until then, however, he will still be
presenting his cases before Dan R. Hyatt with a
smile on his face--and ice in his veins
|
 "David
Lowry
is not representing disabled
people in their best
interests. He uses
intimidating, demanding and
dismissive behavior to
address people so that they
feel they have no rights or
choices. He is not concerned
with or understanding of the
actual disability that he is
representing."
complaint to
Oregon State Bar
-
 Social
Security attorney David
Lowry, according to
 Social
Security Adjudications
Officer at ODAR,
David Lowry drags
Social Security cases
out so that his attorney
fee will be larger,
loses his client's case
and permits client's
credibility to be
"trashed" because David
Lowry acts negligently,
says complaint
click here
-
Social Security attorney
David Lowry
intimidates disabled
clients, pursues his own
agenda and not client's
case, is smug, won't
communicate
with client and was
fired right in the
middle of a Social
Security Hearing says
complaint
click here
-
Social Security attorney
David Lowry, "
- "tries to live
out what must be
every lawyer’s
fantasy
by suing the
judge who
ruled against him
one time too many.
- Judge said
David Lowry was a
“poor attorney who
does a poor job.”
- David Lowry uses
too many leading
questions, fails to
submit necessary
medical records and
questionnaires, and
acts in a generally
“disrespectful and
contemptuous”
manner.
- Judge says
that Social Security
attorney
David Lowry once
called Social
Security Judge a “baldfaced liar”
on the record and
then sat at counsel
table laughing and
smirking
- At worst,
David Lowry may have
a harder time
finding clients
because of his
losing track record
- Chief
Administrative Law
Judge ALJ says
“David
B. Lowry acted
unprofessionally.”
according to opinion
of United States 9th
Circuit Court (one
level below US
Supreme Court)
click here
- Social Security
Attorney David Lowry
"The Social Security
Judge absolutely hates
Social Security attorney
David Lowry's guts, and
the feeling is mutual"
click here
-
Social Security attorney
David Lowry, "lied
to me, treated me
 like
a slave," "David
Lowry, I want you
stopped." "David Lowry
would hurt me",
intimidated me into
signing papers, felt
like Lowry's paralegal
"had a gun to my head"
SSA Judge's assistant
says David Lowry "plays
games with Social
Security office"
click here
-
Social Security attorney
David Lowry
repeatedly lied to me,
cheated me, caused me
additional pain and
suffering, causes me to
lose sleep, causes me to
throw up, refuses to
give up my medical
records, lies to Social
Security judge Atkins
click here
-
Social Security attorney
David Lowry says
Social Security full of
"Liars" are
"underhanded" and
"difficult to work
with". David Lowry
then "dupes" Social
Security claimant, using
"misleading and
deceitful tactics" to
get client to sign
contract that gave Lowry
$3,000 for doing little
or no work.
click here
-
Social Security attorney
David Lowry plays "the
numbers game."
He takes on a
large number of clients
and hopes some will pay
off" says Social
Security claimant,
David Lowry is is
the "vampire Lawyer".
 He
is fired for failing to
show up at Social
Security hearing but
keeps working on the
case and billing client
years after he is fired
and fired and fired.
click here
-
Social Security attorney
David Lowry, "lied
to me", "withheld
evidence" from Social
Security judge, "charged
me for copies of medical
records I gave him"
click here
-
Social Security attorney
David Lowry, drug
out the Social Security
process, is incompetent
and dishonest, charged
me for medical records I
gave him click
here
-
Social Security attorney
David Lowry, says
Social Security Judge,
"overcharges", sent
collection agency onto
claimant when dispute
still in Court, charged
client for copies that
SHE made
click here
-
 Social
Security attorney H.
Peter Evans and Social
Security attorney David
Lowry refused to
give up client's
property and papers so
new attorney can swiftly
get client benefits
required says complaint
to State Bar
click here
-
Social
Security attorney David
Lowry doesn't pay
his bill, disconnects
his phone says complaint
click here
- H. Peter Evans,
ongoing Oregon
State Bar Investigation
for abandoning client,
charging for "Costs"
that client already paid
once, charging over
$4,000 an hour for his
services, says complaint
to Oregon State Bar
click here
|
Click
here to return to Oregon State Bar Reporter (found on the internet at
www.OregonShyster.com ) |
|
| Advertisement:
Daniel Bernath
Attorney at Law
-
My goal to you~ Treat you with dignity,
compassion and respect. To explain in easy-to-understand terms
what is happening and what is required;
to be at your side during
the process and be at the telephone whenever you call or to return
your call or email within the same day.
-
You have an absolute
right to switch attorneys at any stage of your
case.
-
Ask me how I can
speed up your wait to
a few months
or weeks. Most people waiting for
disability benefits have to wait a year and a half before a hearing
and then months for the written decision of the Judge.
- 503.639.6666
toll free
(866) 350-6772
|
|
1.29.2005
My Mis-Adventures
with Oregon Social
Security Disability
Lawyer David
Lowry. Lawyer's
Shoes untied, a
courtroom stunt?
