Kalamazoo County Circuit Court; Docket No. D-753-00-272-NI; Unpublished
Judge Robert L. Borsos; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Survivor’s Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
This written Opinion follows a remand of item number 235. The issue presented in this remand was the proper method of calculating the social security setoff from no-fault survivor's loss benefits. Judge Borsos held that the social security setoff is calculated by multiplying the initial monthly benefit amount by 36 months rather than using the actual amount of social security received over the three year period. Judge Borsos stated, "This court believes that if cost of living or inflation is to be considered by considering the increases in social security after the initial amount, then the wage increases the deceased would have received should also be considered, or, in the alternative, neither increase should be considered."