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SCHONEWOLF v. CALLAHAN

July 11, 1997

JOHN SCHONEWOLF, Plaintiff,
v.
JOHN CALLAHAN1, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.



The opinion of the court was delivered by: SIMANDLE

 SIMANDLE, District Judge:

 I. Background

 A. Procedural History

 This appeal concerns events that transpired after this court's initial opinions in this case, following the appeal in Williams I. See Williams v. State, 320 Ark. 211, 895 S.W.2d 913 (1995), reh'g granted, 320 Ark. 230A, 901 S.W.2d 831 (1995). We repeat the essential facts that led to Williams I for purposes of convenience. On October 23, 1992, appellant Jeffery Lee Williams attended a presidential campaign rally for then Governor Bill Clinton on the University of Arkansas campus at Fayetteville. During the Clinton rally, Williams and a number of supporters of then President George Bush demonstrated in favor of their candidate for president. University of Arkansas Police Officer Michael Daub observed Williams jumping up and down and pushing people who stood near him. According to Officer Daub, a fight was about to ensue. Officer Daub asked Williams to stop being disruptive and leave, but Williams refused. Officer Daub called for backup officers, and other police officers arrived, including University of Arkansas Police Officers Gary Crane and John Reid. Officer Reid observed Williams screaming to Officer Daub about his rights. Both officers saw Williams push other people. The officers advised Williams that he was under arrest, and Williams immediately sat down. Williams was then placed in a headlock, and Officer Crane applied a pain-compliance technique to force Williams to accompany them to the patrol {*99} car. Williams stated that he did not know he was under arrest until he was placed in the headlock. He was arrested for the misdemeanor offenses of disorderly conduct (Ark. Code Ann. § 5-71-207 (Repl. 1993)), and refusal to submit to arrest (Ark. Code Ann. § 5-54-103(b) (Repl. 1993)). The municipal court found him guilty of refusal to submit to arrest. Williams appealed to circuit court, and that court also found him guilty of the offense.

 On July 23, 1992, plaintiff requested a hearing before an Administrative Law Judge ("ALJ"). (R. 74-75.) This hearing commenced on October 16, 1992, in Camden, New Jersey, before the Honorable Alan M. Neff, and plaintiff was represented by counsel. (R. 195-215.) In a written opinion dated March 24, 1993, ALJ Neff determined that Mr. Schonewolf was "not disabled" within the meaning of the Act and was therefore not entitled to benefits. (R. 136-143.)

 Plaintiff filed a timely request for review by the Appeals Council, and by order dated November 17, 1993, the Appeals Council remanded the case for further proceedings. (R. 144-46, 150-151.) Specifically, the Appeals Council directed the ALJ to (1) give further consideration to Mr. Schonewolf's residual functional capacity during the entire period of time at issue and provide rationale, with references to evidence of record, in support of the assessed limitations; (2) evaluate plaintiff's complaints of pain and provide rationale in accordance with the disability regulations pertaining to the evaluation of symptoms; and (3) obtain evidence from a vocational expert to clarify the effect of the assessed limitations on plaintiff's ability to work. (R. 151.) As will be discussed shortly, the ALJ failed to abide by these directions of the Appeals Council in any meaningful way.

 We later granted rehearing, however, and a supplemental opinion was handed down. See Williams v. State, 320 Ark. 230A, 901 S.W.2d 831 (1995). In the supplemental opinion, we made reference to Williams's argument that he was denied the opportunity to present evidence that no probable cause existed for his arrest, which was the first hurdle he had to jump in order to make his constitutional claims. We admitted that we had mistakenly failed to address this argument and continued as follows:

 Through counsel, Mr. Schonewolf requested that the Appeals Council again review the ALJ's decision. (R. 10-11.) This time, the Appeals Council denied the plaintiff's request for review by order dated March 15, 1996. (R. 3,4.) Thus, the ALJ's September 12, 1995, opinion became the final decision of the Commissioner.

 {*100} Williams v. State, 320 Ark. at 230, 901 S.W.2d at 832. We concluded by granting Williams's request for remand "for a full development of the facts" and added that if the constitutional issues argued by Williams are viable after development of the facts, the trial court may address them.

 B. Personal and Medical History

 Mr. Schonewolf complains that he is dependent on his mother, with whom he resides, for his basic necessities--shopping, cooking, cleaning, driving--and that he lives in constant pain, unable to sit, stand or walk for more that thirty minutes at a time. (R. 91, 93.) Mr. Schonewolf also claims that he cannot stand for eight hours in a day because the back pain that he experiences afterward causes him to remain in bed for three to four days. (R. 203.) Further, Mr. Schonewolf claims that he does not think ...


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