Social Security Administration
Office of the Regional Chief Judge
SSA ODAR Regional Ofc
Suite 2900 M/S 901
701 Fifth Street
Seattle WA 98104-7075
Re: Request for Review of the Fee Agreement Determination
The attorney for claimant hereby requests review of the Fee Agreement Determination of the above named claimant, such determination made by Administrative Law Judge Dan R. Hyatt .
The Order of ALJ Dan R. Hyatt
I do not approve the fee agreement between you and your representative because:
The representative did not perform at the minimum level of competence required under law.
Additionally, the representative failed to provide accurate and complete information regarding his history of suspension from the California State Bar Association (See B Section: pg. 20)
Date: Feb 22 2008
Attorney Daniel Bernath performed at a level at or higher than minimum level in this Fully Favorable decision. There is no authority for ALJ to make this order regarding competency. Furthermore, the basis for ALJ ’s order is forbidden by HALLEX I-2-12 C., 4
There is no requirement that the a representative meet an ambiguous standard set by an individual ALJ on a case by case floating basis to have the Social Security Administration approve a fee agreement;
The California Bar Association has tested attorney Daniel Bernath with a three day test in 1984 (the “bar exam”) and determined that he can perform at a minimum level as an attorney at law. Bernath over the past near quarter century has always met his continuing education requirements of the California Bar and more. (Exhibit Two, incorporated by reference)
Interestingly ALJ has praised attorney Bernath when he revealed that he spends an hour each day reading journals, learned treatises, practice guides, Social Security Disability publications, etc., each day. Bernath also told ALJ that he regularly consults with a fellow attorney who was once an attorney-advisor at ODAR and ALJ thought that was a splendid process.
Bernath used to be a clerk for ALJ and the other judges at Portland ODAR, something ALJ inexplicably continues to deny. (Exhibit One, P2, Para 3. repeatedly states, “you were never my clerk.”) It would appear that ALJ has taken an special interest in Bernath leaving his clerk’s job to become one of the most successful Social Security representatives at the Portland ODAR office.
Because of the extreme tension between ALJ and Bernath, one of his former clerks, Bernath sought to reach a peace with ALJ by writing a very conciliatory letter to ALJ (Exhibit 5) and when the uncomfortable conditions continued at the hearings, also to have a private meeting with ALJ . He met with ALJ on January 14, 2008. (Exhibit Two) At the meeting revealed that he would put attorney Bernath out of business by awarding Bernath only “$100 in attorney fees in each case“, (even in the cases where ALJ has yet to hold hearings or even review the file).
With no authority for such an order, ALJ also requires that Bernath and other attorneys write a bar review and/or Federal District Court quality brief for each claimant (Exhibit Three) or ALJ postpones the hearing “five times” for five or so months for each postponement. He states that Bernath and others should take “hours and hours” to research and write this brief; a brief ALJ will not rely upon as he has already done his own analysis of the case.
Again, a conservative analysis of ALJ ’s statement and actions may reveal that he is unhappy that one of his former clerks has gone from his assistant to becoming one of the most popular Social Security representatives with the claimant’s before Portland ODAR. An analysis may conclude that this ALJ simply wishes to cause additional burden to all representatives who practice before him-a representative who is performing well according to his win rate and his clients’ satisfaction. (Exhibit Four)
Indeed, ALJ has called Bernath “a moron”, (Exhibit One) has threatened to have him physically “thrown out” from the Social Security hearing room because he was moving too slowly in packing up his exhibits from a hearing and as he has done with clients of Lowry, repeatedly tells Bernath in front of all his clients that Bernath is a “terrible lawyer” and “all the judges think so” and whatever memo he presents to ALJ is inadequate for one reason or the other as he berates attorney Bernath before his shaking client.
Bernath has written humble and conciliatory letters to ALJ but to no effect. He has also thanked ALJ for “your help and guidance” and “thank you Judge, I’ll do it that way. You’re the judge and I’m the lawyer”, (or words to that effect) during hearings but ALJ ’s obvious anger persists.
ALJ has no authority to devise and enforce his own personal criteria for which attorney before permitting an attorney-fee agreement with claimant to be approved. A reading of HALLEX and all other authority in this matter indeed forbids ALJ ’s ambiguous, devoid of Notice/Due Process order
4. Factors Not to Consider
a. Representative’s Hours and Services
…the representative’s specific services are not conditions for approval of a fee agreement.”
HALLEX I-2-12 C., 4 (Last update l/28/03)
Here, ALJ Claimant is stating that this lawyer of nearly a quarter century with one of the largest and most successful Social Security practices in Oregon has not provided ANY competent “specific services.” It is black letter law at HALLEX I-2-12 C., 4 that ALJ cannot make such a determination and therefore he has erred and the fee agreement between claimant and her attorney at law/representative should be approved.
The representative provided accurate and complete information regarding his current status and past status with the California Bar Association
Attorney Bernath became a member of the California Bar in December 1984. Thirteen years ago, in July 1995, at a time when attorney Bernath was not practicing law and was voluntarily inactive and thus “ineligible” to practice and for a period of a few months Bernath was deemed “ineligible” to practice law because he put child support payments into a trust fund for his child rather than pay it to his ex wife because she violated a child visitation order. This is called an “administrative action” by the Bar Association and not a “suspension.” That dispute with Bernath and his ex wife was settled amiably. Bernath has no public record of discipline as an attorney since he was sworn in as a member of the bar in December 1984.
Bernath advertises on the internet at http://www.DisabilityPaycheck.com There he correctly states that he is a “Lawyer for nearly a quarter century click here” (Exhibit Six) The click here is a link to the California State Bar website page with Bernath’s profile information and “Status History.” (Exhibit Seven)
There, it clearly states that Bernath “This member is active and may practice law in California.” The Status History states in relevant part:
12/3/1984 Admitted to the State Bar of California
l/1/1995 Inactive (voluntary-not eligible to Practice Law when “inactive”, dues go to $50 a year from $500, CEB obligations are suspended till active again)
7/31/1995 Not eligible to Practice Law
(at a time when he was an officer for US Department of Homeland Security, searching for bombs and contraband at Portland International Airport and later as a clerk for ODAR at US Social Security Administration, Portland, Bernath was “inactive” as he was not practicing law. Bernath changed his status from his voluntary inactive status to “active” on 4.19.2005)
Actions Affecting Eligibility to Practice Law
Disciplinary and Related Actions
This member has no public record of discipline.
7/31/1995 Suspended/Child & Fam Supp noncompliance Not eligible to practice law
ALJ statement that Bernath did not provide “accurate and complete information” regarding Bernath’s becoming voluntarily inactive, having an administrative action when he was inactive flies in the face of the evidence Over a year ago on February 22, 2007 and then again on April 4, 2007, Bernath wrote to ALJ stating all facts regarding this and how he was not suspended by the California Bar.
The representative from the California Bar has stated that Bernath was not
suspended by the bar but by operation of law and it is not considered to be a
“suspended by the bar.” The Oregon Bar Association has referred
the allegation, that Bernath “lied” when he states he was not suspended by the
bar to the California Bar Association on at least two occasions. Both times the
California Bar has stated that there is no basis for the complaint, most
recently December 1, 2006 (Exhibit 8).
A new complaint has been made (the third one) from an anonymous source after a hearing where ALJ was the administrative law judge and Bernath was the representative. The “source“ has violated a claimant‘s privacy by sending the claimant‘s confidential information across state lines to an organization that has no jurisdiction over attorney Bernath. This would appear to be an irrational attempt by someone to once again put Bernath out of the business of representing Social Security claimants.
Daniel A. Bernath
Attorney at Law
# The address given by ALJ appears as SSA ODAR Regional Ofc Suite 2900 M/S 901701 Fifth Ave., Seattle WA 98104 (sic)
# Even non-attorneys, people who failed bar exams but call themselves “advocates”, even someone’s next door neighbor with no expertise whatsoever may represent claimants throughout the entire process including the hearing where witnesses are examined and cross examined and evidence is presented and questioned.
# Indeed Bernath could hardly be termed incompetent by any measure; Bernath was the representative of 14 Favorable decisions or F.O. approvals for the month of February 2008 and 10 Favorable decisions or F.O. approvals for September 2007. If memory serves, each application that Bernath has tried before ALJ in the last two years has resulted in a Favorable decision.
# ALJ regularly holds hearings in the federal building in Vancouver Washington. He uses the Courtroom used by the U.S. Bankruptcy Judges and sits under the Seal of the US District Court even though several bankruptcy trustee hearing rooms are available but the ambiance is not as intimidating to claimants. ALJ made the statement, “I’ll postpone your hearings five times if I want to.”
# Demanding that attorney Bernath put “hours and hours“ additional into each case for no reason would mean that with 1,000 cases, with ALJ hearing approximately 20% that Bernath is burdened with 800 additional hours that serve no purpose and from an order which ALJ has no authority to make. There has been (1) no “proposed rule making”, (2) no public comment and (3) no rule that claimants or representatives research and write these extensive scholarly works contrary to the Administrative Procedure Act and Morton v. Ruiz 415 US 199 (1974) et seq. Furthermore, the Order (4) violates attorney work-product privilege, (5) the Federal Reduction in Paperwork Act and (6) has no basis in law as ALJ’s have simply not been given the authority to make such a burdensome requirement to raise the cost to merely
present the case for a memo that will not even be read or relied upon by the ALJ or the representative.
# Bernath has gone from 0 clients to approximately 300 clients in two years and expects to have 1,000 clients within two more years.
# Bernath is 60% US Navy service connected disabled from neuropathy from chemical poisoning in Vietnam.
# appears to be doing this so claimants will fire Bernath If the
message is to just Bernath and not to the claimants, then ALJ need only
give his unsupported opinion once to Bernath. He has found a need to say this to
Bernath in front of each of Bernath’s client at each hearing. Indeed,
has written to client’s of Lowry apparently with the message that he is a
terrible lawyer too and they should find another lawyer.
From the 9th Circuit; “Lowry says uses "intimidation and anger as a tactic to shorten [his] hearings," refuses to hear evidence and denies him cross-examination. also supposedly told two claimants that Lowry was a "poor attorney who does a poor job." Lowry began filing motions to recuse from his cases, and responded with letters to Lowry's clients defending his impartiality and encouraging them to ask about their "rights to representation." Lowry, Plaintiff-Appellant,v. Barnhart, Dan R. Hyatt , et al., Defendants-Appellees (2003) 329 F.3d 1019 fn two.
# ALJ recused himself stating that he could not be unbiased with Bernath as the attorney. The case ended up as a fully favorable with ALJ Haack writing the decision a few days later.
# The private social security number of a Washington State claimant and apparently other private facts about his disability and medical conditions, (having a hearing in SSA Washington State) was given illegally to the Oregon Bar. The evidence and inference is that either ALJ violated this claimant’s privacy rights by taking this US Government property and mailing it across state lines or claimant’s rights were violated when the file was in ALJ Dan R. Hyatt ’s custody or control to for the third time make this repeatedly discredited allegation. (Exhibit 9)
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.
The following are complaints to the Oregon State Bar
or other privileged documents:
Administrative Law Judge Dan R. Hyatt calls claimant "White Trash" tells black and white couple that he has "a problem with interracial marriage." Eventually another judge hears the case and they are granted Social Security Disability click here
Request for investigation
as to why ALJ Dan Hyatt insists on holding hearings in inconvenient location
in State of Washington after report that he was doing it for his own "tax
reasons." click here
Social Security agrees to fine itself $1,500 because of the
vexatious, wanton and oppressive conduct of Dan Hyatt.
Dan Hyatt has an "anti-claimant" standard if an attorney is an effective attorney as Dan Hyatt demands only "docile counsel", Dan Hyatt calls Social Security lawyer an "asshole." click here
Complaint about Dan R. Hyatt's alleged criminal coercion against editor of Oregon State Bar Reporter to get him to take down this webpage and all over public documents of Dan R. Hyatt click here
Complaint to Oregon State Bar~ Re: Probable cause to investigate Administrative Law Judge Dan Hyatt’s
(Oregon Bar Member: 782524) possible involvement in transport of
stolen federal property across state lines and breach and broadcast of citizen’s
Social Security number and other confidential and private information
Administrative Law Judge of the United States, scolds Oregon State Bar for
receiving and hanging onto stolen social security number from ALJ Dan Hyatt
Private Social Security number revealed by ALJ Dan Hyatt to the public "property of Social Security" and its ended up at Oregon Bar violates the law
click letter to make larger
Complaint to Oregon State Bar-damage to thousands if
Dan Hyatt is acting recklessly and has the secrets of thousands of helpless
people in Oregon and Washington State.
Social Security number of attorney goes missing in office
where Dan Hyatt works click here
Demand that Administrative Law Judge Dan Hyatt be suspended
pending results of investigation of theft of government property and
compromising of private social security numbers
Demand that Oregon State Bar surrender stolen property to
victim of Social Security employee who revealed his personal medical
information and social security number. Receiving/possession stolen
property is a crime click here
Administrative Law Judge Dan Hyatt cooks the evidence to
blackball consultative examiners who find that claimants are disabled; stops
claimant's lawyer from asking questions at hearings
Hyatt blackballs some of the finest psychiatrists in two states because they sometimes find claimants "disabled" click here
Hyatt is misrepresenting that he is a United States District Court Judge
says complaint to Oregon State Bar click here
This has been going on since he first became a administrative law judge 11 years ago:
Dan Hyatt lies, Dan Hyatt is biased against certain claimants, takes out revenge against lawyer who aggressively represented Social Security clients, after waiting 3 years for a Social Security hearing, claimants face;
and other vituperative behavior (containing or characterized by verbal abuse)
refusal to hear evidence,
cancellation of hearings with no opportunity to develop a record on appeal,
ex parte (without their attorney present) contact with claimants, and
foreclosure of cross-examination.
according to lawsuit against ALJ Dan Hyatt click here
Administrative Law Judge Dan Hyatt calls private
attorney for claimant a "moron" and a liar. Hyatt is proven to be
wrong on all counts. Threatens to have disabled veteran of Vietnam War
"thrown out" of hearing because he was moving too slowly after
hearing cancelled by ALJ Dan Hyatt click here
Dan Hyatt treats disabled United States Navy veteran
shamefully. Threatens to have 300 pound (plus) guard "throw out"
disabled veteran. click here
Dan Hyatt ignores the law and lies in an order.
Dan Hyatt misrepresents and commits fraud by implying he is
a United States District Court Judge, nominated by the President and
confirmed by the US Senate when he is not;
Dan Hyatt admonished by Social Security Administration for
Dan Hyatt is a "poor historian", said another way, Dan Hyatt is a liar,
Dan Hyatt attempts to overburden attorneys who practice in
his Social Security room so that claimants will either decide not to hire an
attorney (and lose) or so he can act as an admin judge in front of only
docile and ineffective lawyers click here
Attorney David Lowry quoted by US Ninth Circuit Court of Appeal (one level below US Supreme Court) saying that Dan Hyatt is a bald faced liar click here
Dan Hyatt "a bald faced liar" since 1998 to 2008! Ten Years a Liar, complaint to Oregon State Bar, "Unfitness of Dan R. Hyatt (Bar Number 782524)to be a member of the Oregon Bar Multiple violations of Rule 8.4 (3) dishonest, fraudulent, deceitful conduct, etc. click here
Dan Hyatt betrays his oath to support the laws of the United States as he creates his own laws and becomes judge/jury/executioner
Dan Hyatt lies, tells such a big lie, such an obvious lie, that it will take your breath away
Dan Hyatt demands that Shaking Social Security claimant
breach confidential attorney-client communication
Dan Hyatt stops hearing of claimant who has been waiting for 8 years for disability benefits because claimant's attorney 'objected' to Dan Hyatt misstating the testimony and asking a leading question. click here
Because of Dan Hyatt's lies and cruelty, a social security claimant is forced to beg for food click here
Because of Dan Hyatt's betrayal of a claimant's social security number, steps are taken to protect his him identity theft so that his future social security benefits are not denied him when an illegal alien uses his stolen social security number click here
Dan Hyatt lies repeatedly to investigator as the Oregon State Bar investigates his alleged unethical conduct click here
Model Motion so that you can disqualify Dan Hyatt from hearing your case click here
Judge Dan Hyatt admits extra judicial bias-if you don't have a lawyer, he will rule against you click here
Dan Hyatt admits that he will rule against a Social Security claimant if his lawyer is "an asshole" click here