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Miracle or Fake? County Employee Shown on Video Using 'Disabled' Arm

The former county worker, who was paid more than $300,000 in benefits, was videotaped by private investigators trimming trees after claiming inability to use his arm and legs.

 

Typically when a wheelchair-bound person rises to walk—or prune overgrown trees—the first word to spring to mind is “miracle.”

For Baltimore County officials snooping on a former employee claiming to be fully disabled, just that scenario (see video) has conjured a different word: faker.

Now that former Baltimore County employee—James Robinson of Joppa—has had his county disability retirement benefits cut off after nearly six years. He may be forced to repay a portion of the $300,000 he has received and his case could be referred for criminal prosecution if a hearing board finds that he was not as disabled as he claimed, county officials said.

Robinson worked for the county as a laborer for 15 years. He claimed he was injured in 2004 when a steel bar used to control a tarp on a dump truck struck and injured his wrist.

The injury resulted in the loss of the use of his arm that was so bad he considered having it removed. Ultimately, Robinson claimed the injury caused him to spiral downward—becoming depressed, relying on heavy-duty pain medication and losing the ability to walk.

"It made me feel less than a man because I couldn't do what I was doing," Robinson said during a May 20 Board of Appeals hearing. "It depressed me."

During that hearing, medical records were introduced showing that Robinson told doctors that he could not put weight on his legs or walk.

The county ended payments to Robinson in March after a medical disability board determined that he was not permanently disabled. Robinson appealed the decision and a hearing board heard the case on Friday.

Don Mohler, a county spokesman, declined to speak about the case, saying it was still being litigated and citing personnel issues.

But one county official familiar with the case said suspicions were raised two years ago after Robinson met with a doctor hired by the county for an annual review of the permanent disability claim.

After the checkup, the county hired a private investigation firm that employed six private detectives, working in teams of two, to observe Robinson. The investigators used video cameras to record Robinson's activities in public settings.

Robinson sat silently at a Board of Appeals hearing on Friday as a county lawyer presented what she believed was the most damaging evidence—more than two hours of video showing Robinson participating in sometimes-vigorous physical activity.

One lengthy clip showed Robinson working in the yard of his father's Carney home.

The video showed Robinson moving around the yard in his motorized wheelchair. He then rises from the chair to prune a tree from a standing position. At different times, Robinson can be seen holding a pruning device with his right hand—the arm he claimed was severely injured.

At other times, the tool was held in his left hand as Robinson used his right hand to pull a cord and clip branches. He then drags the large branches away.

In another clip, Robinson can be seen sitting in the rear of a minivan using both hands to wrap wire. His motorized wheelchair sits at his feet, which dangle over the side of the rear bumper. The county spent $10,000 upgrading the van to make it accessible to his motorized wheelchair.

The injury resulted in the loss of the use of his whole right arm and caused pain that was so bad he considered having the arm amputated, he told the hearing board last week. Robinson testified that the injury had three other major consequences: he became depressed, reliant on pain medication and lost the ability to walk.

Robinson said during his testimony that he is only rarely able to do the kind of physical activity depicted in the videos.

But medical records read during the hearing depict a different story.

The injury to his arm caused nerve damage so severe he couldn't use it, Robinson told a doctor. He needed the help of his wife to get undressed at a doctor's appointment. Having it touched by water during a shower or even a breeze caused severe pain, he said.

"All I can think about is, 'Is this how it's always going to be? Is it going to get better? Is it going to get worse?'" Robinson testified.

"All I do is breathe ... exist," Robinson told one doctor, according to records read in open court.

But during his May 20 testimony, Robinson said he is sometimes able to use his arms and legs and do chores around the home.

"It makes me feel like a husband," Robinson said. "Like a dad."

But Robinson testified that soon after completing those chores the pain returns.

"The 'zaps' usually come first," Robinson said, describing the pain.

The three-member panel could issue a written opinion within the next 30 days.

The outcome of the case could possibly affect Robinson's disability payments from Social Security, according to a county official.

Robinson could also be forced to repay the county any benefits and retirement payments disbursed after the video recordings were made, a county official said.

David Robert Crews

8:16 pm on Monday, May 23, 2011

People, in general, want to do some kind of work. That's a natural fact. Throughout my life, I have seen disabled individuals, like Robinson claims to be, doing the best they can to do some work around their home. But, unlike Robinson in the video, the truly disabled are obviously somewhat limited in body movements; sometimes they hold long handled tools in the crook of an elbow instead of their hand, they lean against something when they are working, their movements are a bit stiff or real stiff, and it's obvious to any onlookers that the person working is disabled. If offered help, they usually either refuse any help, or they just ask you to help them get into a better position - so they can keep working.

If Robinson is as disabled as he claims, he might still trim trees at his father's home, but he wouldn't be working so fast and fluidly. If disabled, Robinson would have been using his left arm to do most of the tree pruning work, and he'd have been working slowly and clumsily.

To top it off, Robinson adds leg injuries onto his disability case, when only his arm had been struck by that steel bar. Had the bar injured his upper spine, that might keep him from walking, but not an arm injury.

Robinson has piled a bunch of bologna onto his case, probably figuring that the weight of it would help push it through the legal system. Then he got caught on video doing yard-work about as easily as any fully able bodied man. He's been exposed and deserves to be punished.

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mcgillicuddy

12:32 am on Tuesday, May 24, 2011

I agree. The subject in the video does not appear to be disabled in any way.

Buzz Beeler

2:12 am on Tuesday, May 24, 2011

"The three-member panel could issue a written opinion within the next 30 days.", a quote from the story.

During the time it takes for the three panel members to look into this, why not bring the man in and see if he has a leg to stand on regarding his claim.

Have him testify under oath and if he raises his right hand then he may have more than just one issue to deal with.

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Bryan P. Sears

6:34 am on Tuesday, May 24, 2011

Buzz: James Robinson was under oath during his testimony before the Board of Appeals.

amdactivist

8:04 am on Tuesday, May 24, 2011

had arthritis many years in all my joints and at times are swollen and barely able to walk or use hands. Other days I'm able to do more..The man in the wheel chair is suppose to be disabled due to an injured wrist and somehow ended in a wheel chair.The story isn't up to parr..

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Bryan P. Sears

8:53 am on Tuesday, May 24, 2011

Amdactivist: The connection between wrist injury and being wheel chair bound is a big question.

Mostly this is becuase a lot of information about the connection is not publicly available because of federal privacy regulations regarding medical records.

What is known about the wrist injury and issues related to Robinson's legs comes from what was read into the record, Robsinson's own testimony, and the transcripts of previous hearings I obtained.

One such record mentions the possibility of a related stroke but also states that no doctor associated with Robinson's case ever diagnosed a stroke.

T.

9:23 am on Tuesday, May 24, 2011

People like Mr.Robinson are the exact reasons everyone else has to pay an arm and a leg for insurance. As much Social Security is taken out of my paychecks to pay for scammers like him, means I won't get it when I retire. Thanks!

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Robert Armstrong

10:09 am on Tuesday, May 24, 2011

Any money spent weeding out these scammers is money well spent. I used to live across the street from a County cop on 100% disability that was working of all things as a roofer! How about the NYC Firefighter that was getting $86k in disability for Asthma and running in Marathons!

http://www.nbcnewyork.com/news/local/FDNY-Marathoner-Received-Disability-Pension-for-Asthma-97859344.html

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david bricker

10:38 am on Tuesday, May 24, 2011

Wow, going so far as to consider the removal of an arm? Smoke, mirrors, and VIDEO TAPE. Looks like the goose got cooked!

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Buzz Beeler

4:37 pm on Tuesday, May 24, 2011

Bryan, remember the movie "Clear and Present Danger," in the end when the pres talks about a bargaining chip? I would think the county now has one as leverage. Purgery seems to be the name of the game in the BC.

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Alice

11:02 pm on Tuesday, May 24, 2011

I hope they make him pay it back with interest, Shame on him. and Shame on the aforementioned cop. SHAME!

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Rob

12:50 pm on Sunday, June 10, 2012

i didnt watch the video yet, but you see this guy working one day, what about the rest of the time when he couldn't. i myself try to do things everyday just for the physical therapy. if i didn't i probably wouldnt be walking today

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Other Tim

8:12 pm on Sunday, June 10, 2012

Watch the video!
"The injury to his arm caused nerve damage so severe he couldn't use it, Robinson told a doctor. He needed the help of his wife to get undressed at a doctor's appointment. Having it touched by water during a shower or even a breeze caused severe pain, he said."
I have pruned many branches using the tool shown in the video. I could not use that tool if my wrist or arm hurt. Walking around the yard, picking up small twigs, etc. I could understand as a type of therapy. Pruning trees? Not possible with the injuries he claims.

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