S.C

Brand new claimant applied for handicapped widow’s insurance coverage professionals into the worker’s income number, although Secretary refuted their unique software as claimant failed to meet the 9-times years-of-marriage needs for the 42 You. 416(c). So it denial was upheld by district courtroom. The claimant then appealed into You.S. Judge out-of Appeals towards Very first Routine. The latest judge out-of appeals noted one to Puerto Rico does not acknowledge common-rules marriage ceremonies and therefore certain requirements having establishing a valid wedding from inside the Puerto Rico are prepared forward during the Post 69 of the Civil Code, 29 L.P.Roentgen.A great. § 231. Brand new court learned that, in cases like this, the requirements of Article 69 was indeed certainly perhaps not satisfied 9 days ahead of the worker’s passing. The new legal further learned that the newest claimant’s constitutional “equivalent security” attack for the 9-day stage-of-relationships criteria is invalid under 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, fifty L.Ed.2d 389 (1976). This new claimant as well as debated that, once the she are the worker’s concubine, she had the right below Puerto Rican rules to inherit of the fresh new worker’s estate since the their widow, and you can she might be considered become the widow of one’s personnel under 42 You. 416(h)(1)(A). The fresh court off appeals discovered that, not as much as Puerto Rican laws, a beneficial concubine from a worker features a right to a percentage of the property obtained throughout concubinage but do n’t have a straight to inherit a widow’s express of your inactive worker’s intestate individual assets. For this reason, the new claimant could not feel considered as the latest widow away from the fresh personnel around 42 U. 416(h)(1)(A) by the application of what the law states off Puerto Rico on the intestate series. In the upholding the region court’s choice affirming the Secretary’s assertion off so it claim getting widow’s positives, the new court out-of appeals held your claimant wasn’t called so you’re able to pros because the disabled widow of the personnel.

She debated one to, as she and also the employee got cohabited to own twenty years prior for the go out of its ceremonial matrimony, the cohabitation got turned their relationships into the an appropriate wedding better before the nine-week several months

Appellant Esther Ayuso Morales desired Personal Coverage handicap pros based upon their status just like the “widow” of the covered staff Honorio Montanez Figueroa. Around 42 You. § 416(c) so you can meet the requirements as an effective “widow” a lady must have become hitched for around nine months during their own partner’s death. Appellant’s matrimony taken place into the 9-day period. Gurus was basically refused.

To the desire, she cravings you to the woman is however eligible because the she cohabited having their own partner getting 2 decades ahead of its matrimony. She contributes one to, anyway, less than 42 You. § 416(h)(1)(A) an applicant try an excellent widow if the she’d, “in laws . . . [away from Puerto Rico] deciding the newest devolution from intestate personal assets, have a similar condition . . . as a partner . . . [or] widow. . . .” Look for fundamentally, Rombauer, Relationship Position and you may Eligibility getting Federal Statutory Income Experts: A historical Survey, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She states your concubinage legislation regarding Puerto Rico gets their for example reputation.

We cannot deal with appellant’s earliest dispute. We realize that some traditional law jurisdictions know low-ceremonial or “common-law marriages.” These marriage ceremonies are formulated from the consent of people due to the fact another package. F.W. Kuchlar, Law out of Involvement and you may Matrimony step 1-5 (2d ed. 1978); see O.Age. Koegel, Common law ent in america (1922). But common-law marriages commonly acknowledged during the Puerto Rico. The newest requisites of a valid relationships inside the Puerto Rico are prepared onward into the Post 69 of your own Municipal Password, 29 L.P.R.A https://kissbrides.com/pt-pt/guatemala-mulheres/ beneficial. § 231. Included of those requisites ‘s the “[a]uthorization and you may occasion out-of an excellent matrimonial package according to the variations and you may solemnities prescribed by law.” In the lack of these types of models and you may solemnities, there clearly was zero relationships. Rivera v. Area Judge away from San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio durante derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).