Thursday, October 14, 2010

Remember Oregon's Wrestling Social Security Lawyer?


I wrote about attorney, Daniel Bernath back in June when an amazing story at the Oregonian caught my eye.  This is the tale of the egomaniac social security disability attorney who got into a wrestling match with a Dan R. Hyatt, a social security judge while the two stood awaiting an elevator.  It goes without saying that there was massive bad blood between these gentlemen.  This is reporter Bryan Denson's follow up:

"A federal magistrate Wednesday ordered Social Security lawyer Daniel A. Bernath to undergo anger-management counseling after an altercation with a judge on a downtown Portland elevator last spring.

U.S. Magistrate Judge Paul J. Papak found Bernath guilty of disorderly conduct for the March 31 dust-up with Dan R. Hyatt, a judge in Social Security's disability hearing office.   Papak dressed Bernath down for his behavior -- such as lampooning Hyatt on his website as a Ku Klux Klansman and behaving like a preschooler fighting for a swing -- and said officers of the court are expected to treat judges with respect.

'This trial,' Papak said, 'is an embarrassment, in my mind.'

The tiff on the lift climaxed a three-year war of words between Bernath, a Tigard attorney who represents clients in disability cases, and Hyatt, one of the judges who hears those claims at the Portland hearing office. Their squabbles -- which include dueling state bar complaints, claims of slander and a $10 million lawsuit -- were chronicled in a July story in The Oregonian.

The spat began in 2007, when Hyatt questioned Bernath's honesty in a disability hearing. The judge felt Bernath lied when he said he'd never been suspended by bar officials in California, where he holds a law license; Hyatt turned over an audio recording of the hearing to an Oregon State Bar investigator.   Bernath filed six bar complaints against the judge, all dismissed. He also sent letters to tax officials that suggested Hyatt had cheated on his taxes. Bernath mailed letters to a slew of lawyers asking for dirt on Hyatt. He posted accusations against the judge -- including claims of cruelty, dishonesty and racism -- on his website: oregonshyster.com.

Only one of the allegations got traction. The CD that Hyatt had given the bar had the Social Security number of a claimant, an invasion of privacy. The agency imposed a four-day suspension on Hyatt, who by then had recused himself from hearing Bernath's cases.

Much of the rancor between the two was recounted during Wednesday's nonjury trial, where each man accused the other of instigating the elevator incident at Duncan Plaza.

Hyatt testified that he refused to permit Bernath to join him on a car heading downstairs because he feared him. The two men clashed at the threshold of the lift in what was described as a loud argument and one or more chest bumps, followed by a swarm of security guards and Bernath's arrest.   After five hours of testimony, Papak sentenced Bernath to a year of probation and required him to pay a $10 court fee, attend anger management and have no contact with Hyatt.

'I hope I don't see any of you in the court again,' he said."
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As I said in June, I can't tell you how many characters I've known over the years like Bernath.  Totally nuts.

32 comments:

  1. If you have ever attempted to become a beneficiary of SSI, then you are most likely sensitive to the fact that it can be a time consuming and arduous endeavor. A lawyer can help you expedite the process and keep you free from the hassles during the application process.

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  2. When you're in trouble, you'd hire Dan Bernath.

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  3. Hyatt is a total putz, but Bernath is a pure charlatan. These two deserve each other and everything that rains down upon them, jointly and severally.

    infectus discipulus

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  4. 23.Hyatt is a very dangerous man. Bernath warned officers of the Social Security Administration that it appeared to him that Hyatt would go from being very angry with Bernath to actually attacking Bernath. Bernath wrote at least two letters to the Social Security Administration that Hyatt was dangerous, out of control and would perhaps attack Bernath one day. March 23, 2008 “I live in fear that Dan R. Hyatt will use some other force to have me thrown out of a hearing in the future (my law practice is obtaining benefits for disabled people) if I don’t move to quickly to leave when he abruptly ends a hearing after a few minutes or at the end of a hearing.”

    ****
    April 4, 2008 I request additional security at ODAR because I fear that your employee Dan R. Hyatt may again lose control and physically harm me. I am a 90% disabled Vietnam War and Cold War veteran who must use a crutch to get around. Please contact the federal protective service to have one of their officers sit in the hearing room with me and Dan R. Hyatt on April 28.



    He has stated that he will retaliate against me for some imagined slight and so far, (the Oregon State Bar has revealed) that he stole US Government property in his apparent attempt to hurt me, he has threatened to have me thrown out of a hearing room because I was too slow in his opinion in egression.



    I am entitled to a safe environment as is my client when appearing before your agency and your office.



    I fear, from his out of control and angry behavior in the past that he might harm me or my client at the April 28, 2008 hearing.

    24. Hyatt was then charged by the General Counsel of the Social Security Administration and administrative law judge Dan R. Hyatt was suspended without pay for 5 to 30 days, for Hyatt’s theft, lying, violating privacy laws, etc., said punishment triggered after Hyatt violated the law and Bernath demanded that his client be protected.

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  5. . Hyatt and Bernath were set for a hearing in Vancouver Washington. Hyatt called Bernath into the federal judge’s chambers and extorted him stating that he would recuse himself from all of Bernath’s cases, where Bernath was the attorney for a Social Security claimant IF Bernath removed the achieves of official complaint records regarding the alleged misdeeds of Dan R. Hyatt on file before the Social Security Administration, the Oregon State Bar and elsewhere. Otherwise, Hyatt would continue to continue/postpone hearings after a few minutes causing the case to be postponed repeatedly, would continue to urge claimants to fire Bernath, would continue to unlawfully deny Bernath attorney fees and not send Notice to Bernath so as to make it appear that Bernath missed a deadline for contesting the illegal “order” which is not part of judicial discretion, among other things. Hyatt thus acted in the clear absence of all jurisdiction.

    26. Dan R. Hyatt has a long history of verbal abuse preceding physical violence and physical violence against helpless people. A restraining Order was issued by an Oregon judge after Hyatt kicked his wife in her hand and broke a bone. The marriage counselor stated that Hyatt may require “hospitalization”. Another ex wife stated that Hyatt slammed a car door on her leg. Hyatt also broke into her home and set off the burglar alarm in an application for a second restraining Order.

    27. David Lowry, an Oregon Lawyer has filed complaints against Dan R. Hyatt as have other attorneys with the Social Security Administration stating according to the appellant brief in Lowry v. Social Security Administration, Dan R. Hyatt, et al., 329 F.3d 1019 (9th Cir. 2003), Hyatt uses “intimidation, anger, and verbal abuse”.

    28. In the period after Hyatt had his suspension sentence but before Hyatt was to serve that sentence of suspension, Bernath walked to an elevator and was blocked from behind and to his side by people and was holding onto his crutch in one hand and his makeshift crutch in the other hand. Social Security Administrative Law Judge Dan R. Hyatt attacked the helpless US Navy service connected disabled plaintiff, striking him repeatedly and causing him personal injury.

    29. Hyatt thereafter falsely stated to officers of Homeland Security and/or their subcontractors that Bernath, holding a crutch and a makeshift crutch had actually attacked Hyatt and demand that Bernath be arrested. Bernath was asked “so what happened here” and Bernath stated, “upon advise of counsel I have nothing to say.” The officer then arrested Bernath for his exercise of his Constitutional Right and because of the false statement of Dan R. Hyatt. Therefore the officer did not have probable cause to make the arrest. Because of the false statements of Dan R. Hyatt, plaintiff was arrested and detained by Unidentified Officers.

    30. The Social Security Administration had long been on notice that Hyatt is a pathological liar or compulsive liar or in the words of attorney David Lowry, a “bald faced liar”. Lowry v. Hyatt et al 329 F.3d 1019 (2002). When Bernath invoked his right to silence on advice of legal counsel, an unidentified US Department of Homeland Security roughly put the helpless and aged Bernath’s hands behind his back and tightly and angrily put handcuffs on him. He then marched Bernath into the lobby of the Social Security ODAR past his former co-workers and fellow attorneys and placed Bernath in a room that had a curtain.

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    1. Dan, you fucking phony seal piece of shit. You are the reason people hate lawyers. Not a lawyer anymore are ya? LOSER.

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  6. 36. Regarding the charge of interfering with a federal employee, Bernath was found to be not guilty.

    37. The Social Security Administration began a sanctions action against Bernath stating falsely that he had violated Social Security regulation. The true motive of the agency was to rid itself of a zealous, effective advocate who was also a newspaper reporter and publisher who regularly published righteously critical articles about agency and agency employee misdeeds. The Agency proposed that if Bernath would drop all claims against the agency that it would permit Bernath to slowly withdraw from representing clients before Social Security with said target date to be the beginning of October 2011 (Bernath’s 62nd birthday) or thereafter if necessary to continue a smooth transition to not harm any claimant. Because of the agencies misrepresentations Bernath did agree to retire on or after October 2011 or thereafter.

    38. The Agency never intended to honor its agreement that it negotiated in exchange for Bernath to “drop” the claims against tortfeasors listed herein. The agency made misrepresentations to Bernath in that hearing examiner Marilyn Mauer would not permit Bernath or any associate of Bernath to prosecute a Social Security case from the date of the summit and thereafter. The agency further falsely stated that Bernath was in violation of the agreement. Bernath was not afforded a hearing on that issue. Bernath was not permitted a neutral adjudicator as the hearing officer was a Social Security lawyer who represented the interests of the agency. Bernath was not afforded due process of law in that he is 100% disabled, was unable to defend himself and Rosemary Foster, Esq. requested a continuance so that she could study the matter as Bernath was “unable to defend himself” and no lawyer would defend Bernath because of the perception of all lawyers approached that Social Security runs a “Kangaroo Court”, run by a Social Security lawyer who has already decided to rule in favor of the agency and was merely going through the motions but not honoring US Constitutional Rights of Bernath. As such, the so called agreement is void ab initio.
    45. The United States is the federal government of the United States.

    46. The Social Security Administration is an agency of the United States government tasked with hiring Social Security employees, training said employees, supervising said employees, disciplining said employees, safeguarding visitors to agency premises, and also are under a duty to warn when an employee such as Hyatt is dangerous and will attack invintees and visitors to Social Security premises.

    47. The Social Security Administration as stated herein was (1) negligent in hiring Dan R. Hyatt, (2) negligent in supervising Dan R. Hyatt, (3) negligent in retaining Dan R. Hyatt and also negligent in failing to warn invitees of Dan R. Hyatt’s dangerous history although Social Security knew or should have known the facts of his dangerousness because of Hyatt’s history of violently attacking helpless people and because Bernath had repeatedly warned Social Security and the United States that Hyatt was likely to attack Bernath. Defendants are not being held liable under the legal theory of respondeat superior.

    48. Defendants knew when Bernath would appear on their premises and knew when Hyatt would also appear on the same premises. Bernath had warned defendants that Hyatt would likely attack him. Therefore it was foreseeable that Hyatt would indeed attack Bernath as he did but defendants took no action to protect Bernath from Hyatt’s battery and false statements which led to Bernath’s false arrest. Defendants knew or had reason to know that the acts of third person Dan R. Hyatt were occurring or about to occur.

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  7. 49. Defendants had a duty to warn by virtue of defendants’ special relationship to Bernath as Bernath was a business invitee and also because the conduct of Hyatt in the past created the unreasonable risk to plaintiff. Defendant had knowledge of Hyatt’s violent behavior as many complaints by citizens and lawyers had been filed against Hyatt as well as the warnings coming directly from plaintiff predicting that Hyatt would likely attack him. It was also foreseeable that Hyatt would batter Bernath as the agency knew (but Bernath did not) that Hyatt had been sentenced by the Pension and Merit Board to five to thirty days suspension without pay because of a complaint that Bernath had filed. The attack took place between the time Hyatt was sentenced and the time Hyatt served his sentence. Defendants did not warn Bernath that Hyatt had been sentenced so Bernath was oblivious to Hyatt’s foreseeable attack while the defendants knew or should have known that Hyatt would ambush and then attack Bernath. The government defendants should have reasonably anticipated that one of its employees would commit intentional torts against plaintiff. The defendants were not powerless to prevent the attack on Bernath as they had notice that Hyatt had been sentenced, had Notice from Bernath that Hyatt would likely attack him but provided Bernath with no warning that Hyatt had been sentenced for his theft and lying to investigators and did not provide any protection for Bernath.





    WHEREFORE, plaintiff prays for relief as follows:

    For all claims for damages, for special and general damages, together with punitive damages in amounts to be determined at trial from defendants Dan R. Hyatt, Six Unidentified Federal Agents, Unidentified Police Force hired by United States, and John Does 1-X arising from the extortion, false arrest, false imprisonment, abuse of process, malicious prosecution, slander and all other acts as alleged and to be proved at trial all of which has caused him personal injury, extreme mental anguish and humiliation, embarrassment, damage to his general reputation, damage to his reputation as a lawyer, impairment of his earning capacity and barring Bernath from practicing his profession and/or a complete prohibition of the right to engage in a calling.

    Plaintiff also seeks his costs and disbursements necessarily incurred herein, including attorney fees if the Court determines attorney fees are appropriate.

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    1. Boo hoo you phony Dan. Hell is staying warm for your ass. Enjoy, you earned it.

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  8. My wife was represented by Dan Bernath back in 2009 and the administrative law judge found in her favor right there on the bench.......no waiting, he did a great job!

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  9. well after waiting almost 7 years....listening to him tell me not to talk to anyone...i contacted my congressman...you know what oi found out???Daniel Bernath is a JOKE.....seven years waisted....next stop oregon state bar...

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    1. He can't practice law in Oregon, Florida and soon in California. He is a Navy photographer and never set foot in Vietnam. He claims without proof he's a Chief Petty Officer and a Navy Seal first in his class. The only thing that is true "he's PETTY" I wouldn't hire him for free. He's a hero and can't beat me Attorney in his own mind. Disbarred in California for not paying child support payments...makes him a triple time LOSER...

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  10. Bernath is NOT a licenced attorney in the state of Oregon, nor is he eligible to be. His status with respect to social security disability hearings is as a non-attorney representative. If he holds himself forth as a licenced Oregon attorney, he is misrepresenting himself. Go to osbar.org and enter his last name in the member directory - it is not there. See http://search2.osbar.org/search.asp?cmd=search&maxFiles=10&searchscope=ALL&natlang=Yes&fuzziness=3&stemming=Yes&request=bernath as well.

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  11. Bernath is a member of the California bar and is thus, by the standards set forth in the US Constitution permitted to practice law in the States of California, Oregon, Washington, Idaho, etc. on Immigration, Veterans Affairs and Social Security law.

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    1. Not anymore he isn't. He's been "ordered inactive" by the CA State Bar Court after a disciplinary action

      http://members.calbar.ca.gov/fal/Member/Detail/116636

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  12. Bernath has been a lawyer before the US Supreme Court, California Supreme Court, US Ninth Circuit, which includes Oregon for 25 years appx. Because of Constitutional principles he practices law in California, Oregon, Washington, Idaho, Nevada. He practices immigration law in those states, as well as Veterans Affairs and Social Security. If the Congressman isn't going to protect you from Social Security, then you've lost all hope of ever winning against that machine.

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  13. "Judge" Dan R Hyatt attacks two more people at SS Court Oregon hearing examiner
    "Judge" Dan R. Hyatt suspended for "touching buttocks of two women at SSA Court

    garconniere:"Judge" Dan R. Hyatt suspended by Social Security Administration for attacking two more people at SS Court. 4 years ago, he attacked a lawyer on crutches using his chest to strike the lawyer twice.
    This time, Dan R. Hyatt used his hand and smartly slapped two female coworkers on the fanny at ODAR in Portland Oregon.
    In March 2014, another restraining order was issued against him by a Washington County Court in Oregon.
    Now, the Court for federal workers says, "On June 12, 2013 [Social Security Administration] proposed to suspend Dan R. Hyatt for "touching two female coworkers on "Several separate occasions."
    Dan R. Hyatt did not contest the facts nor the proposed punishment of 2 days suspension. Recently, his appeal to overturn the default judgment against him for buttock touching was denied. click here

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  23. Most of these comments clearly were posted by Mr. Bernath. What a psychotic moron, just like Dan Hyatt.

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  24. Don Shipley (Retired Sr Chief SEAL) just wiped the Internet with this clown, fraud, and coward.

    Busted his Navy SEAL and Photoshopping antics. The guy is a complete nut job.

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  25. Hey Bernath, you reading this, you fucking pussy piece of shit. FUCK YOU and your whole shit family. Hope you get cancer and die painfully.

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  26. Well, Dan, since you seem to have a habit of posting here and pretending to be someone else, I thought I might inform your doppleganger on a few facts about the illustrious Mr. Bernath-

    See this Findlaw article for details on why you are NOT a CA or OR attorney, even though you continue to represent yourself as one, failed to make child support payments, stole a settlement from a client (Varner), and then threatened to sue her if she did not settle for a pittance.
    http://caselaw.findlaw.com/or-supreme-court/1447944.html

    Then, there's the whole false claim of being an "Honarary Chief Petty Officer" and a Navy Seal, which has been proven false by all documentation available from the Navy, as well as common knowlege of Naval traditions and regulations of Naval personnel.

    See http://thisainthell.us/blog/?p=55793

    He is, in fact, a shyster, as his website states. He is also a liar. thief, and apparently doesn't care if his children starve. I imagine they are loath to claim him as a parent, and probably just state that their mother had a quickie in a bus stop men's toilet - I imagine this would be more admirable then claiming their true paternity. Dan, you are a disgrace as a lawyer, as a veteran, and as a man. Frankly, I think you should have your male personage card revoked, but i'm also fairly certain your penis has retracted inside your body, and now appears to one and all as a vagina. Don't worry - maybe now you'll get some action...

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