Michigan Court of Appeals; Docket No. 54617; Unpublished
Judges Bronson, Maher, and O'Brien; Per Curiam
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In this unpublished per curiam Opinion, the Court of Appeals relied upon the previous decision in Jarosz v DAIIE, item number 441, and held that a no-fault carrier was entitled to claim a government offset under §3109(1) for social security old age benefits received by plaintiff as a direct result of auto accident injuries. On the date of the accident in question, plaintiff was 65 years old and employed. Prior to the accident, she was not entitled to social security old age benefits because she was earning too much income. Due to the accident, however, she became disabled and unable to work. As a result, she began receiving social security old age benefits. The Court of Appeals held that the retirement benefits received by plaintiff under the specific facts of this case could be offset against her no-fault benefits because these benefits were paid as a direct result of the accident The Court stated, "But for the accident, plaintiff would have continued to work and would not have been eligible for old age social security benefits. To completely effect the coordination of benefits sought by the legislature with the enactment of §3109, the retirement benefits may be setoff against work loss benefits."
[Author's Comment: On Application for Leave to Appeal, the Michigan Supreme Court ordered that the application filed in this case be held in abeyance pending decision in the case of Jarosz v DAIIE.]
