Wayne County Circuit Court; Docket No. 79 940704 CK; Unpublished
Judge John M. Wise; 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 Disability Benefits [§3109(1)]
TOPICAL INDEXING:
Social Security Disability and Death Benefits
CASE SUMMARY:
In this written Opinion, Judge Wise held that a no-fault self-insurer was not permitted to subtract from no-fault wage loss benefits otherwise due that portion of plaintiff s social security disability award which was paid to plaintiff’s attorney in obtaining the disability benefits. Judge Wise found that the injured plaintiff would not receive full and adequate compensation for his injuries if the attorney's fee was credited to the amount owed by the no-fault self-insurer. The Court found that to permit such a setoff would not be in the public interest, in keeping with public policy, nor equitable.