Opinion
Docket No. 98224.
Decided January 4, 1988.
Michigan Legal Services (by Marilyn Mullane), and Wayne County Neighborhood Legal Services, Inc. (by Mosabi Hamed), for Mark Dukaj.
Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Constance J. Hobson, Assistant Attorney General, for the Department of Social Services.
Before: DANHOF, C.J., and HOOD and J.B. SULLIVAN, JJ.
ON REMAND
This case has been remanded to us by order of our Supreme Court, 428 Mich. 855 (1987), vacating our decision at 152 Mich. App. 433; 394 N.W.2d 38 (1986). We have been instructed to determine whether petitioner's situation qualifies under the "life threatening circumstance" exception to the lump sum rule, 42 U.S.C. § 602(a)(17). The exception was adopted by the Department of Social Services on April 1, 1983. On April 16, 1987, we remanded to the Department of Social Services for entry of factual findings as to whether petitioner's situation was life-threatening. The hearing officer found that petitioner had experienced a life-threatening circumstance causing loss of a lump sum payment. Therefore, the circuit court's ruling that petitioner is not entitled to the benefit of the life-threatening circumstance exception is reversed.