The latest claimant applied for handicapped widow’s insurance policies gurus into worker’s money https://kissbrides.com/pt-pt/dateniceukrainian-recensao/ record, nevertheless Secretary rejected their particular app because claimant did not meet with the nine-month period-of-wedding demands from inside the 42 You. 416(c). That it assertion try upheld of the district legal. Brand new claimant following appealed toward You.S. Legal out of Appeals to your First Routine. The newest legal out-of is attractive indexed that Puerto Rico doesn’t admit common-legislation marriages and that certain requirements to possess establishing a legitimate relationship inside Puerto Rico are ready forward inside Post 69 of Municipal Code, 30 L.P.R.A. § 231. The fresh judge discovered that, in this situation, the requirements of Article 69 were clearly perhaps not met nine months prior to the worker’s dying. The brand new judge next learned that the fresh new claimant’s constitutional “equivalent security” assault for the nine-week stage-of-relationship criteria is actually invalid significantly less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you may Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The new claimant plus debated you to definitely, while the she was this new worker’s concubine, she had the right below Puerto Rican law so you can inherit from new worker’s property as his widow, and you will she will likely be deemed is new widow of one’s personnel below 42 U. 416(h)(1)(A). This new court of is attractive found that, under Puerto Rican legislation, good concubine out of an employee enjoys a straight to a share of the home gotten over the course of concubinage but do not have a straight to inherit a good widow’s show of the deceased worker’s intestate personal assets. For this reason, the fresh claimant could not end up being deemed becoming new widow out of the fresh staff less than 42 You. 416(h)(1)(A) because of the applying of regulations off Puerto Rico into intestate succession. Within the maintaining the fresh new section court’s choice affirming the newest Secretary’s denial off that it claim to have widow’s professionals, this new judge regarding is attractive stored that the claimant wasn’t entitled in order to professionals just like the disabled widow of staff member.
She argued that, since the she together with staff member had cohabited to own 20 years past towards time of the ceremonial matrimony, its cohabitation had transformed its matchmaking to the a legal relationships well up until the 9-week several months
Appellant Esther Ayuso Morales wanted Social Safety handicap gurus depending their status as the “widow” of one’s insured employee Honorio Montanez Figueroa. Significantly less than 42 You. § 416(c) in order to meet the requirements because the a great “widow” a woman should have come married for around 9 weeks at the time of her partner’s death. Appellant’s relationships happened from inside the nine-month months. Positives was basically declined.
Toward interest, she appetite you to definitely she is nonetheless eligible once the she cohabited having their own spouse to own 20 years ahead of its matrimony. She contributes you to definitely, anyhow, below 42 You. § 416(h)(1)(A) an applicant was a great widow in the event that she would, “underneath the legislation . . . [from Puerto Rico] determining the fresh new devolution out of intestate private property, have the same status . . . as the a partner . . . [or] widow. . . .” Select generally, Rombauer, Relationship Position and you can Eligibility to possess Government Legal Earnings Positives: A historical Survey, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She says your concubinage laws from Puerto Rico offers their particular such as condition.
We cannot accept appellant’s very first dispute. We all know that some traditional law jurisdictions admit non-ceremonial or “common law marriages.” This type of marriages are produced by concur of the people once the various other package. F.W. Kuchlar, Legislation off Wedding and you will Wedding step one-5 (2d ed. 1978); look for O.Elizabeth. Koegel, Common law ent in the us (1922). However, common-law marriage ceremonies commonly accepted in the Puerto Rico. New requisites out-of a valid matrimony during the Puerto Rico are set forth for the Post 69 of the Civil Code, 29 L.P.Roentgen.An effective. § 231. Provided of these requisites ‘s the “[a]uthorization and affair away from an excellent matrimonial offer according to the variations and you may solemnities prescribed legally.” In the absence of such models and you will solemnities, there was zero wedding. Rivera v. Region Judge out of San Juan, 58 P.Roentgen.R. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).