Wayne County Circuit Court; Docket No. 78-834-274-CK; Unpublished
Judge John R. Kirwan; Written 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 written Opinion, Wayne County Circuit Judge John R. Kirwan held that under §3109 (1) of the No-Fault Act, an insurer is not entitled to setoff Social Security retirement benefits from no-fault benefits. Judge Kirwan relied on the Supreme Court's opinion in the O'Donnell decision (item number 194) and held that no-fault carriers are allowed to offset governmental benefits from no -fault wage benefits only when the governmental benefits duplicate the no-fault benefits and are paid as a result of the same accident Judge Kirwan held “In this instance, the Social Security retirement benefits do not duplicate the no-fault benefits, nor do they arise as a result of the accident Social Security retirement benefits, in fact, arise as a result of the Plaintiff’s contributions to the Social Security system, over his lifetime of employment."