From: RG
Date: June 27, 2006
I do not want a “copy” of my file. I want the original medical file and all other records including Social Security documents. I want all original documents. I demand that Schneider obey the law and not continue to invade my privacy. Any permission to view my private medical and Social Security record has long been rescinded and I demand my private facts and documents to be returned to me. It is absurd for Schneider to say that he is a “copying service” because I demand my records. He is NOT to retain a copy or the original of my private medical papers.
Apparent forged document proffered to Oregon State Bar by Merrill Schneider
Merrill Schneider has provided the Oregon State Bar with a document that I did not sign, that somehow has my signature. The document also has the signature of Merrill Schneider when I have never met the man. The document also has a the signature of several other people that I have never met. The only conclusion therefore is that Merrill Schneider has lied to the Oregon State Bar by providing a forged document.
Merrill Schneider lies to the Oregon State Bar as they investigate him
Furthermore, Merrill Schneider provides a narrative to the Oregon State Bar that contains several more lies. I list them here.
Merill Schneider continues to invade my privacy, violate my right to my own property and harms my quest to obtain Social Security Benefits by keeping my medical records from me
Merrill Schneider states that I can go from doctor to doctor, courthouse to
courthouse, etc. to obtain my medical records at great personal expense and
effort. But, my medical records are sitting on his shelve. They are my
property. Merrill Schneider’s assistant Nicole Schneider admits that there is
chaos in the Schneider law office in that repeated telephone calls never reach
the attorneys. In this chaotic, multi-location law office my medical records
could be passed around like amusing stories to be read by the many members of
his firm. They could be disclosed to members of the public.
There is a reason that federal law, Oregon State Law and Social Security regulation states that medical records and the facts they contain are my own personal property. It is to protect my privacy. Merrill Schneider thinks that none of these laws protecting my right to privacy apply to him. Any right I gave Merrill Schneider to view my medical records and the facts regarding my impairment has been REVOKED when I fired him. But still, he bitterly ignores my rights to privacy and arrogantly disobeys United States law, Oregon law and Social Security regulation and retains my most private medical records and the personal facts that they contain.
4.17.05 The “fee agreement” that Merrill Schneider provides is not something I signed. For example; it is not the right date. Schneider did NOT have my case before 1-25-05. Nicole Schneider signed the attorney agreement with me. But on this odd document from Schneider presented to the Oregon State Bar in his defense, Nicole’s signature is SECOND, with Merrill’s as first. Furthermore, there are several other signatures of people I do not know, have never met and never signed any such document with me. My witness to the signing of the actual document is David Gorbet (address and telephone number available on request)
4.23.03 The office Schneider Law did not have my case before 1-25-05 but Schneider attempts to deceive the Oregon State Bar by stating that he had my case much earlier. I live at 633 NE 21st Ave. Portland Ore 97232. After there I moved over to 1808 NE Weidler St. Apt 3 Portland OR 97232. I moved in on 8-1-05 in 2003. I live at 10 NW**** Portland OR 97209.
Page 2 Nicole Schneider says to the Oregon State Bar that she met me on 4.17.03. No, that is a lie to the Oregon State Bar. We filed our Appeals Counsel Memorandum on 08-16-04. We mailed a copy of memorandum to me. Obviously a lie to the Oregon State Bar; how if I did come to hire Schneider until 1-25-05 we could meet with me on 8-23-04; a lie to the Oregon State Bar as they investigate Schneider
Schneider failed to communicate with his client I called the office 5 times in one year and six months. 3 times to Nicole Schneider. I called and said to the Schneider’s assistant at 503 255 9092 and let know my new address on 8.1.05. I asked to talk to Nicole and was told “she not in” so I gave it to the assistant on the telephone. Mr. Schneider has lied to the Oregon State Bar as they investigate his ethics. Merrill Schneider never called me or me to him.
More lies to the Oregon State Bar;
On 11.17.2005 I never spoke to Meredith Boyden
On 12.07.05 I never said I wanted to pursue a part time job. I said that I needed some money. She said if I went out and got a part time job what the ramifications would be.
I was upset but that was because they had failed to communicate with me, had abandoned their duty to prosecute my case and was rude and arrogant to me on the telephone.
I called her again and she said I had to wait for another hearing which was likely in 10 to 12 months. She had my cae for 1 year an d6 months. Merrill Schneider failed to prosecute the case and she said to expect 10 to 12 more months.
More lies to the Oregon State Bar by Merrill Schneider;
No assistant for Merrill Schneider called me ever. I have never seen or spoke to Merrill Schneider or his assistant regardless of what he says. Merrill Schneider was not in the office with Nicole when I signed the fee agreement. The only people there were myself RG, Nicole Schneider and David Gorbet. David Gorbet and I signed up at the same time.
Page 3
Merrill Schneider lies to the Oregon State Bar
I did not call her on 5.4.06 and say that I was getting another attorney. I called on May 1, 2006 to Daniel Private Practice Attorney to see if he would take my case. He said yes on May 1, 2006. I stated that Nicole Schneider was rude, won’t return telephone calls and won’t send me any paperwork. I got 2 things in a year and 6 months and Mr. Private Practice Attorney has that and I went to my doctor’s office to get my medical records.
The office of Schneider never sent for my medical records in the year and six months they had my case. I asked my doctor if Schneider asked for them so Merrill Schneider doesn’t even know who my doctor is. But Daniel Private Practice Attorney, Attorney at Law knows who she is.
Schneider should have made a request for On the Record Favorable Decision for me (like a summary judgment motion). He should have demanded a priority hearing as my case was remanded after a federal court action. He did none of these things, abandoning his responsibilities to me, apparently to ratchet up his fee as he gets paid a percentage of my back due benefits so the longer he drags out my case, the more money he makes.
Page 4
I demand the transcript to the hearing before Social Security Office of Hearings and Appeals. This is my property. My attorney Private Practice Attorney requires it to become knowledgeable of what was said before so that there can be no claim of my making a prior inconsistent statement, etc. By refusing to surrender my property-the transcript of the hearing is done merely to harm me, a client who fired Merrill Schneider because of his incompetence as a Social Security attorney.
Merrill Schneider lies to the Oregon State Bar when he says that the new hearing is “not imminent.” He doesn’t even know Social Security regulations, which give priority to cases to matters that have been remanded from the US District Court.
Merrill Schneider lies to the Oregon State Bar throughout this page when he uses the dates prior to 1.25.05. Merrill Schneider did not even have my case at that time. The shameless lying by Merrill Schneider to the Oregon State Bar is in itself grounds for discipline
Merill Schneider had me sign a new fee agreement regarding the US District Court action. As I was already his client he was under an obligation to tell me to seek the advise of an independent attorney. I desperately needed money. I hired him because of his representations that “no fee until you get money” or words to that effect. That was a misrepresentation. He took the fee awarded from the US District Court action, of $5700 (not $5300 as I agreed to). If I knew that he was taking $5700 I would have demanded that all or a part of that be given to me or as our agreement states, he would get 25% of it.
He violated Oregon State Bar rules, deceived me making a misrepresentation through neglecting to tell me of the Social Security payment of $5700. He took it all and if not for the efforts of Daniel Alan Private Practice Attorney, Attorney to uncover this deceit, I still wouldn’t know of his many Rules of Professional Conduct violations, all to my detriment.
The check is made out to the claimant for a reason-it is to go to the
claimant. Schneider had to invent some fiction and use subterfuge and
misrepresentation to me to get me to sign the check over to him.
(Interestingly, the check isn’t made out jointly to me and Schneider-clearly
the law envisions that the money go all to the client or that there be a new
negotiation between the client and attorney as outlined by Oregon State Bar
Rules).
Schneider circumvented the Oregon State Bar rules by having me sign away my rights to this money but did not inform me to seek the advise of an independent attorney. Furthermore, he lies to the Oregon State Bar when he said that in a letter of January 24, 2005 he “explained” his theft to me. Surely, “explaining” the theft does not substitute for his failure to follow Oregon State Bar Rules to advise me to seek independent counsel. Finally, he states that “it is standard practice in this community” to steal a check in this fashion but can provide no other attorney in “this community” who will admit to such a theft of money from such a desperate clientele.
Schneider admits that he did not communicate with his client but sarcastically sniffs that it is because “she is not a party to the electronic court system”. Such an feeble excuse does not trump Schneider’s admitted failure to communicate with his client.
Merrill Schneider lies to you again; he did not explain any declaration to me. I never got a letter from them.
Merrill Schneider attacks my attorney Daniel Alan Private Practice Attorney using the ancient and discredited attempt to keep him from serving Oregon citizens in their legal matters. The document that Schneider attempts to use to “change the subject” on his unethical behavior is so disgraced and untruthful that none of the participants had the courage to even sign it. Schneider leaves out the praise of Mr. Private Practice Attorney’s by his many clients, especially the ones who have fired Schneider and hired Private Practice Attorney after Schneider’s failure to prosecute their case, chaotic office and misrepresentations (as sample of which are included in this complaint).
I will take a copy of the hearing transcript but I demand the original as well. My rights to privacy require that Schneider and his chaotic office not be the place where my private medical records are kept. As he has shown that he will lie to the Oregon State Bar to defend himself, I fear that he will take further revenge on me for firing him and use my private medical records and facts. Therefore, he must give me all of my original medical records, all copies and all correspondence to and from the Social Security Administration.
Oregon State Bar Reporter
(503) 639 6666 Friday, June 30, 2006
Oregon State Bar
Scott Morrill
5200 SW Meadows Road
Lake Oswego, Oregon 97035-0889
Complaint to Oregon State Bar
I received the enclosed letter.
Mr. David Gorbet states that he is a witness to the real attorney agreement signed by Robin Graham and therefore, it follows that Merrill Schneider has filed a forgery with the Social Security Administration. He states; “only Ms. Graham, and myself, David Gorbet were present along with Nicole Schneider at her signing.” But, the fake document that Merrill Schneider signed is not a document that Robin Graham signed, according to David Gorbet and rg.
Mr. Gorbet also points out a so called “negative pregnant” perpetrated in an
obvious attempt by Merrill Schneider to deceive the Oregon State Bar. Mr. Gorbet
says “Mr. Schneider does not have anymore of my paperwork that quote ‘I am
entitled to,’” Therefore, Schneider unlawfully is keeping Mr. Gorbet’s
property/papers but is attempting to deceive the Oregon State Bar by saying that
he doesn’t have any that Mr. Gorbet is “entitled to” rather than, “any more
of Mr. Gorbet’s property/papers.”
Is the Oregon State Bar so easily fooled by Merrill Schneider and so forgiving when attorneys under investigation deceive the Oregon State Bar? We shall see.
| Advertisement:
Daniel Bernath
|
Attorney Merrill Schneider citizen
complaints at Oregon State Bar:
|
Click here to return to Oregon State Bar Reporter (found on the internet at www.OregonShyster.com )
| Advertisement:
Daniel Bernath
|