Michigan Court of Appeals; Docket No. 30568; Published
Judges Bashara, Gillis, and Heading; 2-1 (with Heading Dissenting)
Official Michigan Reporter Citation: 83 Mich App 30; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Disability Benefits [§3109(1)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a rather surprising 2-1 decision by Judge Bashara, this panel of the Court of Appeals disagreed with the O'Donnell decision and held that it is permissible to reduce no-fault survivor's benefits by Social Security benefits pursuant to §3109(1). In so holding, the majority Opinion embraced the dissent filed in O'Donnell. Judge Heading dissented and would affirm O'Donnell.