A federal magistrate on 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 web site as a Ku Klux Klansman and behaving like a pre-schooler fighting for a swing -- and said officers of the court are expected to treat judges with respect.
"This trial," said Papak, "is an embarrassment, in my mind."
The tiff on the lift climaxed a three-year war of words between Bernath, of Tigard, 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 bar complaints, claims of slander and a $10 million lawsuit -- were chronicled in a July story in The Oregonian.
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Sep 19, 2011
The Embarrassment Continues
From The Oregonian last October:
Bernath has not given up. See the video below.
this story is misleading, it calls a "Social Security lawyer" lawyer. By including social security in CAPS, this indicates the Social Security Administration. However, as indicated much later in the article, Bernath is actually a private attorney who represents clients seeking Social Security benefits...and does not actually work for the Social Security Administration.
ReplyDeleteBernasty was disbarred in California..asswipe is now a fart in the wind
DeleteThis is just the latest development in an ongoing saga. The attorney's website www.oregonshyster.com is, by a wide margin, the most appalling website I have ever seen from a lawyer. This issue long ago stopped being funny and has become, as Charles says, an embarrassment. Regardless of any provocation by the ALJ involved, the fact that the California Bar is o.k. with this website (and it is inconceivable they are unaware of it) is also an embarrassment to the California Bar.
ReplyDeleteMisinformation again. This guy is a lawyer. He does not work for Social Security. If you are going to tell a story get the story right.
ReplyDeleteAttorney ads are among the most misleading use of media around. IMHO, the Supremes made a big mistake allowing them to advertise. The underinformed among us go to TV to find a lawyer rather than the local bar association referral service. Be careful what you wish for. These clowns cast a pall on the whole profession.
ReplyDeleteThis goes beyond misleading. It borders on libelous and I think it is beneath you, David, and Social Security News to be contributing to Mr. Bernath's pathological crusade. He alienated claimant's representative, ALJs, ODAR staff, and treated numerous clients unethically before SSA finally disqualified him as a representative. I don't think calling this kind of attack satire excuses the intended evil. An ethical site would not maintain the link to this unethical posting. I strongly suggest you remove this posting without delay.
ReplyDeleteare you kidding 9:31? someone needs to shed the light of day on these abusive reps so prospective claimants stay far away from them. exposing bernath's bizarre behavior is an absolute service to the public.
ReplyDeleteC140740RO Restraining Order against Dan R. Hyatt
ReplyDeleteDan R. Hyatt A RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS. THIS ORDER IS NOW IN EFFECT
Dan R. Hyatt If you are arrested for violating this order, the security amount (bail) is $50,000, unless a different amount is ordered by the court. Dan R. Hyatt Violation of this order constitutes a contempt of court and is punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, a jail term of up to six months, or both. Dan R. Hyatt Other sanctions may be imposed.
Dan R. Hyatt Firearms Prohibitions Federal
Dan R. Hyatt As a result of this Order, or any Order, continuing or changing this Order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver pursuant to federal law 18 USC Sec. 922(g)
Dan R. Hyatt Also you may be subject to further restrictions and prohibited from:
Dan R. Hyatt Traveling across state lines or tribal lines with the intent to violate this Order and then violating this Order.
Dan R. Hyatt Causing the Petitioner to cross state lines or tribial land lines for the purpose of vioilatingf this order
Dan R. Hyatt Possession, receiving, shipping or transporting any firearm or firearm ammunition.
Notice to Dan R. Hyatt
The Court makes the following findings:
a. the protected person d.a. Bernath is and has been abused by respondent Dan R. Hyatt as defined by ORS 124.005;
Dan R. Hyatt the abuse of the protected person has occurred within the last 180 days as provided by ORS 124.010;
Dan R. Hyatt The protected Person is in immediate danger of further abuse.
Dan R. Hyatt “explosive violent. His therapist says may need admission to hospital.”
Dan R. Hyatt “seen wearing a pistol at Social Security Administration.”
Dan R. Hyatt sued me for obtaining a restraining order against him after he struck me twice in 2010 C100995RO
Dan R. Hyatt now says money isn’t enough to compensate for 2010 and now “day of reckoning. Trust me.”
Dan R. Hyatt states through agents or self “see your ass in flames “by time through with you…” posted my address 4 to 5 times, GPOS to my home, “know what incoming means?”
Dan R. Hyatt “50 people want a piece of you.”
Dan R. Hyatt says threats by his agents “cheered me immensely” “thanks for your support.”
Dan R. Hyatt has struck me twice and is enraged at the 2010 restraining order against him (after 4 years)
IT IS HEREBY ORDERED that Dan R. Hyatt
Is restrained, prohibited from abusing, intimidating, molesting, interfering with, or menacing the Protected Person, or attempting to abuse, intimidate, molest, interfere with or menace the protected person. JUDGE SIGNS
Dan R. Hyatt is restrained prohibited from entering or attempting to enter or be within 300 feet of the following locations, PP’s residence, business, school, other locations.
Dan R. Hyatt is restrained prohibited from contacting or attempting to contact PP by telephone, by mail, coming or staying within 300 feet of the protected person.
Dan R. Hyatt agents created “Wanted” Poster of me, published to others, inciting themto kill me. 50 emails and calls “that want a piece of you,” “see your ass in flames”, “by the time we finish with you…” gave GPS and my home address in Tigard to “curb stomp” me.
Dan R. Hyatt At my home in Tigard promises “incoming”, “Shoving mine right up Bernath’s wrinkley old arse” Promises, threatens “curb stomping these douchtools” “50 people want a piece of you”
Dan R. Hyatt Imminent physical harm promised with Wanted Poster of me, GPS, 4 or 5 times my address so assassin can put my “ass in flames” curb stomp”. Weapons threatened.
"Judge" Dan R Hyatt attacks two more people at SS Court Oregon hearing examiner
ReplyDelete"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.