To: Oregon State Bar
Disciplinary Counsel’s Office
P.O. Box 1689
Lake Oswego, OR 97035-0889
Attorney Merrill Schneider and Nicole Schneider
refusing to give claimant her property in violation of the law, fiduciary duty
to claimant
and harming claimant’s pursuit to obtain Social Security Benefits
To the Disciplinary Counsel:
I am the attorney for ****. Claimant was represented at the OHA level by a legal aid type attorney and there is thus no attorney fee issue involved. Thereafter, claimant hired the law firm of Schneider Law Offices and they were paid by Social Security for their legal work pursuant to the Equal Access to Justice law 28 USC Sec. 2412(d).
On May 1, 2006 claimant terminated the law firm of Merrill Schneider and Nicole Schneider of Portland Oregon.
This Oregon citizen has written the following. I enclose a copy and type it out to aid you in reading it. Consider it me passing along her formal complaint to the Oregon State Bar regarding your bar members Nicole Schneider and Merrill Schneider failure to communicate with their Oregon client.
Document #1, incorporated by reference; Nicole Schneider and Merrill Schneider had this Oregon citizen sign without first informing her that she should seek the advise of an independent attorney before signing it in apparent violation of Oregon Rules of Professional Conduct Rule 1.8 (a) 2, 3 et seq;
I ****, agree that any Equal Access to Justice Act fees awarded in my federal Social Security disability case should be paid directly to my attorneys Schneider law offices, as payment of their fee for representing me before the US District Court in this matter (CV#[05-101-HA] I understand that there is a chance the amount of the EAJA fees will be taxable to me.
signed dated
This is all I ever got from Nicole Schneider. They got money but not me, why? I do not think it is right that this is all I got. It is like she put in my face that they got money before me and I'm the one that can't work and I'm the one that hurts.
I think that they do not care about me. All they care about is that they got money. And now they will not help us out (withholding client's medical records-blocking new lawyer from pushing her Social Security case through to money award).
I'm so very stressed out over all this. But I like to thank you for caring about me and my case.
I called the Oregon State Bar and they called Nicole Schneider at the Schneider law offices. Oregon State Bar said he did not have her name on his list of attorneys. So I said I was glad that I could help him out on his list of attorneys.
I called the non-EMS Police Department of Portland to see if they could go to the office of Merrill Schneider and Nicole Schneider to get my property and they said no that they did not do that and can't make (Merrill Schneider and Nicole Schneider) do that (surrender my property/medical records back to me or give to you, my new attorney on my disability claim).
It is like no one will help out. I'm very upset.
I'm crying over this. I'm praying for help that someone will help us. Sometimes like now I feel that no one cares. I feel like I could give up or just die. I just want someone to care.
My doctor give me meds to help so I do not get so upset, so I will not give up on life.
This emotional distress is just too much.
I'm sick from it.
I am very upset.
Nicole Schneider has not helped me out and all she has done is make me very upset.
Signed
, client who fired Nicole Schneider and Merrill Schneider and can’t get her medical records from these Oregon attorneys so her new attorney can prosecute her case before the United States Social Security Administration.
Cc: Members of the Oregon Assembly and Oregon State Senate
To: Oregon State Bar-Disciplinary Scott Morrill
5200 SW Meadows
PO Box 1689
Lake Oswego OR 97035
Re: Merrill Schneider, Nicole Schneider
Counselor:
Our need for the file has become crucial. We have received a letter from the Chief Judge of the Office of Disability Adjudications and Review in Portland Oregon and the Court states that a new hearing is imminent! We still do not have the medical records nor the procedural background of what has occurred in the past for this claimant. I am at a loss to protect the rights of this Oregon citizen.
Claimant is left to search her faulty memory as to who treated her and when even though her medical records are in the hands of the Schneiders and they refuse to surrender claimant’s property. After the Hearing Office adjudicator made reversible errors, the Schneider’s boldly state that claimant should travel to that office, expect that office to locate the file with its errors and possible omissions and rely upon it-even though claimant’s file is sitting on a shelf in the Schneider’s Office.
As you recall, claimant was represented at the hearing level by a legal aid type attorney at the hearing level. The judge committed several errors (apparently as I am left to guess as the Schneider’s refuse to give up the client’s file to her). The judge was ultimately overturned by the US District Judge.
We have gone to US District Court to try to glean some facts in the case of Robin **. We do see that the Schneiders were paid $5,700 for their work at federal court and it was paid by the Social Security Administration to them. Claimant received nothing-zero. There apparently was a fee agreement and the Schneiders then had claimant sign a new agreement regarding fees but did not advise claimant to seek the advise of an independent attorney as per your Oregon Bar Rules of Professional Conduct.
Even though we traveled to US District Court to copy claimant’s file, there is no legal brief in the file and we are left with no information as to what errors the hearing judge made.
I therefore do not concur that there should be any further delay as the Schneiders demand to drag out this investigation as claimant continues to be harmed by these Schneider delays. The Chief judge has told us that a new hearing is imminent. We have NO MEDICAL RECORDS OF CLAIMANT and no evidence of the errors made by the Hearing Judge as they are being wrongfully withheld by the Schneiders apparently to “pay back“ the claimant for firing the Schneiders. Again, we do not know what errors the first hearing judge made because the Schneiders refuse to give claimant her property including the legal briefs that she paid for and are blocked in our efforts to pursue this Oregon citizens rights and remedies.
This clearly is unconscionable. If the Oregon State Bar is incapable of protecting Oregon citizens from unethical lawyers such as these then I shall petition the Oregon Assembly and Oregon Senate that the authority to police Oregon lawyers be taken away from the Oregon State Bar and given to an independent agency such as Consumer Affairs or the Oregon Attorney General.
I think if enough outraged citizens meet with their representatives in Salem that important changes will be made and this authority will reside with people who actually care about protecting the Oregon citizen rather than protecting the Oregon lawyer.
Cc All members of the Oregon State Assembly
All members of the Oregon Senate
Social Security Office of General Counsel, Falls Church Virginia
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Daniel Bernath
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Attorney Merrill Schneider citizen
complaints at Oregon State Bar:
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