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Set Offs

When computing work loss benefits, if a government benefit (1) serves the same purpose as the work loss benefits and; (2) is provided as a result of the same accident, then the benefits can be set off.

Based on Michigan case law, the following government benefits can be set off:

  • Social Security Survivor's Benefits
  • Social Security Disability Benefits (may be set off)
  • Federal Military Benefits
  • Federal Unemployment Benefits under Railroad Unemployment Insurance Act
  • State Worker's Compensation Benefits (may be set off)

Those which cannot be set off include:

  • Social Security Retirement Benefits
  • Wage Continuation to Township Employees (may not be set off)
  • Federal Worker's Compensation Benefits (may not be set off)

 

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