Ingham County Circuit Court, Docket No. 87-60675-CK;
Judge James R. Giddings; _______
Official Reporter Citation: ____; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Disability Benefits [§3109(1)]
TOPICAL INDEXING:
Social Security Disability and Death Benefits
CASE SUMMARY:
In this written Order, Judge Giddings held that a no-fault insurer may not offset Social Security disability benefits that have not yet been received by plaintiff. The Court noted that "the eligibility standards for Social Security benefits are significantly different than the standards contained in the no-fault act, and thus, any determination of plaintiff’s right of entitlement by this Court in advance of a formal determination by the Social Security Administration would be premature and would not constitute a proper basis for offsetting plaintiff’s right to no-fault benefits. Moreover, defendant may setoff Social Security benefits only to the extent that such benefits are actually received by a claimant."
