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The brand new claimant applied for disabled widow’s insurance rates advantages toward worker’s income number, nevertheless Secretary declined her software just like the claimant didn’t meet up with the 9-day duration-of-wedding needs into the 42 U.S.C. 416(c). That it assertion are upheld from the district legal. Brand new claimant upcoming appealed with the U.S. Legal out-of Is attractive on First Routine. The newest court off appeals listed one to Puerto Rico will not know common-law marriages hence what’s needed to have starting a valid matrimony during the Puerto Rico are prepared ahead from inside the Article 69 of the Civil Code, 30 L.An effective. § 231. The brand new courtroom unearthed that, in this instance, the requirements of Article 69 have been clearly perhaps not met 9 weeks ahead of the worker’s dying. The new courtroom subsequent discovered that brand new claimant’s constitutional “equivalent coverage” assault to your nine-month period-of-relationships specifications try incorrect around Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you will Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). Brand new claimant as well as contended that, due to the gorgeousbrides.net bu baДџlantД±ya bir gГ¶z atД±n fact she was the new worker’s concubine, she had a right not as much as Puerto Rican legislation in order to inherit out of the newest worker’s home given that his widow, and you can she is deemed become new widow of your own staff lower than 42 U.S.C. 416(h)(1)(A). This new court from is attractive discovered that, less than Puerto Rican laws, good concubine away from a worker have a right to a percentage of the house gotten over the course of concubinage however, really does n’t have a straight to inherit an excellent widow’s show of dead worker’s intestate private property. For this reason, the new claimant could not end up being deemed to-be this new widow of the newest personnel less than 42 You.S.C. 416(h)(1)(A) by the application of legislation away from Puerto Rico on intestate sequence. Inside maintaining the area court’s choice affirming the newest Secretary’s assertion from that it claim to own widow’s professionals, the fresh court out-of appeals stored your claimant wasn’t titled so you can advantages as the disabled widow of your staff.
Appellant Esther Ayuso Morales desired Societal Security handicap positives dependent their own condition given that “widow” of your covered employee Honorio Montanez Figueroa. Under 42 U.S.C. § 416(c) in order to qualify just like the a beneficial “widow” a lady should have become partnered for around 9 weeks at the time of their particular partner’s dying. Appellant’s relationships took place within the 9-few days period. Professionals was indeed denied.
She argued one to, given that she in addition to worker got cohabited to own 20 years past to the go out of the ceremonial wedding, its cohabitation got turned its relationship with the a legal relationships better till the nine-week period
Towards desire, she appetite you to she’s however eligible as she cohabited having their particular husband to own two decades prior to their relationship. She contributes you to, anyhow, not as much as 42 U.S.C. § 416(h)(1)(A) an applicant try a great widow if the she’d, “in guidelines . . . [from Puerto Rico] determining new devolution out of intestate private property, have the same position . . . because a partner . . . [or] widow. . . .” Look for basically, Rombauer, Relationship Updates and you will Qualification getting Federal Legal Earnings Masters: An ancient Survey, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She states that concubinage laws regarding Puerto Rico offers their unique particularly reputation.
We simply cannot accept appellant’s first argument. We know that some common laws jurisdictions acknowledge non-ceremonial or “common law marriage ceremonies.” Such marriage ceremonies are designed by the consent of your own parties because the various other deal. F.W. Kuchlar, Rules from Wedding and you will Relationship step 1-5 (2d ed. 1978); see O.Age. Koegel, Common-law ent in the usa (1922). But common law marriage ceremonies are not acknowledged in Puerto Rico. This new requisites of a legitimate relationships from inside the Puerto Rico are set forward within the Article 69 of one’s Municipal Code, 30 L.A great. § 231. Provided of the requisites is the “[a]uthorization and you will event away from a matrimonial offer with regards to the forms and you may solemnities recommended for legal reasons.” In the lack of such versions and you can solemnities, there is certainly zero marriage. Rivera v. Region Courtroom out of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).