United States District Court, Eastern District of Michigan; Docket No. 80-74631; Unpublished
Judge Ralph B. Guy, Jr.; Memorandum Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Retirement Benefits [§3109(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a short memorandum Opinion, Judge Guy held that the defendant insurance company was not permitted to set off social security retirement benefits from any future recovery of no-fault benefits under §3109(1) of the Act Judge Guy rejected such a set-off "because social security benefits do not come within the purview of §3109(1). In addition, pursuant to plaintiff’s counsel's consent, the court dismissed a claim for mental anguish damages under authority of Kewin v Massachusetts Mutual.