Michigan Court of Appeals; Docket No. 51436; Published
Judges Bashara, T. M. Burns, and Beasley; Unanimous
Official Michigan Reporter Citation: 107 Mich App 256; 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 a unanimous Opinion by Judge Bashara, the Court held that no-fault work loss benefits received by a husband who was seriously disabled in an automobile accident could not be reduced by Social Security disability benefits which were received by the wife and children of the disabled husband. The Court held that §3109(1) of the No-Fault Act only permits a setoff of those government benefits which duplicate the benefits payable under the No-Fault Act The Court found that the Social Security disability benefits which were received directly by the husband were duplicative of wage loss benefits and, therefore, could be setoff under §3109(1). However, the disability benefits received by the wife and children did not duplicate the wage loss benefits paid to the husband and, accordingly, no setoff for such benefits could be taken.
