60th District Court for Muskegon County; Docket No. 81-C-2077; Unpublished
Judge William J. Cole; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature of Survivor’s Loss Benefits [§3108(1)]
Calculation of Survivor’s Loss Benefits and Maximums [§3108(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Cole held that plaintiff husband was entitled to claim survivor's loss benefits under §3108 of the Act based upon the monthly social security payments which his wife was receiving and which were terminated upon her automobile accident death. Judge Cole held that there was no requirement in the social security law that the wife spend her monthly social security allowance on her own support In addition, the social security payments are made without regard to the financial need of the recipient Thus, if the payments were, in fact, used for the support of the husband, they become a tangible thing of economic value which has been lost as a result of the death of the wife. Furthermore, Judge Cole held that the survivor's loss benefits should include the periodic increases in the monthly social security benefit which would have been received by the deceased wife had she lived. To this effect, Judge Cole held, "Fluctuations in the amount or value of things received by dependents might well be expected to exist. Given this fact, it is open for a dependent to show that the amount of his loss has increased during the three year period following the date of the accident rather than remain constant"
