Yesterday I e-mailed you to ask if you knew who would be representing the agency in ALJ Hyatt's lawsuit against SSA.  You haven't yet responded, but when you have the time, could you please forward my very serious question/concerns to that person:

I've seen a report which I was told was generated by an investigator who talked to ALJ Hyatt's ex-wife about spousal abuse, and the ex-spouse allegedly said there had been some (which of course may not be true, as ex-spouses are notorious for saying bad things about their former partners).  I've also seen what I think is credible evidence that ALJ Hyatt was the one who attacked Attorney Bernath on that elevator.  (An attorney posted to a discussion group list that the disinterested claimant/witness told her ALJ Hyatt was the attacker.  This representation was made even though the claimant/witness apparently was unhappy with Mr. Bernath for other reasons.) 

One reasonable conclusion is that ALJ Hyatt may be dangerously violent.  He already allegedly has attacked an attorney in broad daylight, in front of witnesses.  During the last hearing I had with him (a couple years ago or so), the intensity of his anger and hatred for me was so obvious I was concerned he might literally come over the desk at me.  We know he was suspended for misconduct in a settlement agreement reached after SSA filed an MSPB action against him (see attached), and we know that last year he filed for bankruptcy (see attached), so he's probably been under a great deal of financial and emotional stress.  From disclosures made in the bankruptcy filings (attached), we also know he owns a .38 handgun and that he is on some sort of VA disability pension.  Since there are no obvious signs of any physical disability of which I am aware, and because he does exhibit overt anger issues, I think it's reasonable to consider at least the possibility that ALJ Hyatt's VA disability may be based on a mental impairment involving anger problems.

So let me pose a hypothetical question:

Would it be a concern to the agency if an ALJ who felt like his life was falling apart due to severe financial and emotional distress, who already had physically attacked one attorney, who had a history of spousal abuse, and who owned a handgun ALSO had a legally determined severe mental disability?  I would think it would very much be a concern.  I don't know if the above hypothetical description describes ALJ Hyatt or not, but I consider it solidly within the realm of possibilities, and so I think it is perfectly reasonable to request that the agency take appropriate steps to find out.  We know the ALJs are not searched when they enter the ODAR building, and an attorney whom I won't name here advised me as follows, regarding ALJ Hyatt: "About 10-15 years ago, at  a hearing in Pendleton, I saw a pistol tucked into the small of his back while he had no coat on.  Given his anger problems…."  And so....  How would the agency feel about employing an ALJ who was on the brink and who already had physically attacked one attorney, who was packing a .38 under his robe, and who had a legally determined mental disability potentially associated with anger dyscontrol problems?  Those last two parts are what I'm trying to find out.  Does he or doesn't he pack that .38 to hearings?  (An unannounced search of his office, his person, and his hearing room might answer that question.)  And does he or doesn't he have a mental disability associated with anger dyscontrol problems?  Is there any way SSA can determine the nature of the VA disability which underlies ALJ Hyatt's VA disability pension, identified in his bankruptcy documents? 

Knowing he is armed and has at least been accused of initiating violence, it would be a very bad thing if it turned out his VA disability is based on a mental impairment involving anger control issues.  (On the other hand, knowing the VA, it could be based on athlete's foot.)

As you can see, I have some rather serious concerns.  In light of this knowledge and these uncertainties, I think any attorney would be foolish to appear before ALJ Hyatt in a closed courtroom without at least having actions taken to be sure that ALJ Hyatt is not armed.  If it turns out his VA disability does have anything to do with mental issues related to anger control (PTSD, for example), it might be unwise for the agency even to continue to employ him.

As you probably are well aware, I have, on prior occasions, encountered friction in dealing with ALJ Hyatt.  In light of that history, I would like to make a disclaimer here: Nothing I have said above is in any way an attempt to smear ALJ Hyatt's name.  The above discussion is a serious inquiry based on serious concerns about the safety of those who come into contact with the agency's employee.  I personally believe it is likely ALJ Hyatt is on the brink of being dangerously and violently out of control, but that is just my belief, and it means nothing unless it is correct.  If I am correct in this belief, logic would dictate that the agency should take meaningful steps to ensure that he does not wind up killing someone in the course of his employment.

Thanks for considering this.

Social Security Claimants' Attorney