P.R
The newest claimant taken out disabled widow’s insurance rates benefits on worker’s money checklist, nevertheless the Assistant refuted their particular application just like the claimant did not meet the 9-day course-of-wedding demands in the 42 U.S.C. 416(c). Which denial try upheld from the section legal. The fresh claimant following appealed on the You.S. Legal away from Is attractive toward Earliest Circuit. The brand new court regarding appeals listed one to Puerto Rico doesn’t acknowledge common-rules marriages and this the needs to possess installing a legitimate marriage in Puerto Rico are set onward in Article 69 of the Municipal Code, 29 L.Good. § 231. The new judge unearthed that, in this case, the needs of Blog post 69 were certainly perhaps not fulfilled 9 weeks prior to the worker’s passing. The new courtroom further unearthed that the fresh claimant’s constitutional “equivalent cover” attack on the nine-day period-of-wedding requisite was incorrect under Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The latest claimant together with debated one to, given that she is the newest worker’s concubine, she got a right lower than Puerto Rican legislation to help you inherit out of this new worker’s home because the their widow, and you may she might be deemed to be the fresh new widow of one’s worker below 42 You.S.C. 416(h)(1)(A). New legal from appeals found that, not as much as Puerto Rican legislation, a good concubine away from a worker enjoys a directly to a percentage of the property received over the course of concubinage however, do n’t have a directly to inherit a beneficial widow’s share of your own dry worker’s intestate personal possessions. Ergo, the fresh claimant couldn’t be deemed is the new widow out of the fresh worker not as much as 42 U.S.C. 416(h)(1)(A) by the applying of what the law states out-of Puerto Rico to your intestate sequence. In maintaining this new region court’s decision affirming brand new Secretary’s denial of that it allege having widow’s experts, the newest court from appeals held your claimant was not called to gurus because the disabled widow of one’s personnel.
Appellant Esther Ayuso Morales looked for Social Coverage impairment masters dependent her position since the “widow” of the insured worker Honorio Montanez Figueroa. Less than 42 U.S.C. § 416(c) in order to be considered since an effective “widow” a female must have been hitched for around nine weeks during the time of their husband’s death. Appellant’s relationship occurred in 9-day several months. Professionals was in fact declined.
She argued one, just like the she and the staff member got cohabited to have twenty years earlier in the day into go out of their ceremonial matrimony, their cohabitation got switched their dating for the an appropriate matrimony better until the nine-week several months
Towards the appeal, she cravings you to definitely this woman is however qualified given that she cohabited which have her partner to have two decades prior to the relationship. She adds you to definitely, anyhow, not as much as 42 U.S.C. § 416(h)(1)(A) a candidate is good widow in the event the she would, “under the guidelines . . . [away from Puerto Rico] choosing this new devolution out of intestate personal assets, have a similar condition . . . while the a partner . . . [or] widow. . . .” Select basically, Rombauer, Relationship Reputation and Qualifications having Federal Legal Money Pros: A historical Questionnaire, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She states that the concubinage laws of Puerto Rico offers their unique including condition.
We cannot undertake appellant’s basic dispute. We realize you to some common legislation jurisdictions admit non-ceremonial otherwise “common law marriage ceremonies.” Such marriages are designed because of the concur of functions because the virtually any price. F.W. Kuchlar, Legislation out-of Wedding and you may Matrimony 1-5 (2d ed. 1978); select O.Age. Koegel, Common-law ent in america (1922). But common law marriage ceremonies are not approved in the Puerto Rico. The fresh requisites away from a legitimate relationship within the Puerto Rico are prepared onward into the Article 69 of your Municipal Password, 31 L.A great. § 231. Provided of these requisites ‘s the “[a]uthorization and affair from a beneficial matrimonial offer according to forms and you will solemnities given by law.” Throughout the lack of these types of models and you can solemnities, there can be zero wedding. Rivera v. Area Judge from San Juan, 58 R. 352, 354 (1941); american colombian girl hot Vazquez Bote, Notas sobre el matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).