S.C

Brand new claimant taken out disabled widow’s insurance rates gurus into the worker’s earnings listing, nevertheless Secretary refused their particular application as claimant don’t meet the nine-month period-of-wedding requirement when you look at the 42 You. 416(c). This denial is kept of the district legal. The fresh new claimant following appealed towards the U.S. Judge out-of Is attractive toward First Routine. The fresh new court off appeals detailed you to Puerto Rico will not acknowledge common-laws marriage ceremonies and this what’s needed having establishing a valid relationships inside Puerto Rico are set ahead into the Article 69 of the Civil Code, 31 L.P.R.A great. § 231. The fresh new court found that, in such a case, the needs of Article 69 have been demonstrably maybe not fulfilled nine months ahead of the worker’s dying. The court further discovered that the newest claimant’s constitutional “equivalent defense” attack into nine-week course-of-matrimony requirements was incorrect around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The latest claimant along with debated you to definitely, due to the fact she try this new worker’s concubine, she got a right less than Puerto Rican legislation in order to inherit of the brand new worker’s property as their widow, and she are deemed become the latest widow of one’s employee below 42 U. 416(h)(1)(A). Brand new judge away from appeals unearthed that, lower than Puerto Rican laws, an excellent concubine away from an employee features a straight to a share of the home obtained throughout concubinage but do not have a straight to inherit a widow’s display of the inactive worker’s intestate private assets. Thus, new claimant could not be considered are new widow of the fresh new employee under 42 U. 416(h)(1)(A) by the application of legislation from Puerto Rico toward intestate succession. Inside upholding the brand new area court’s decision affirming this new Secretary’s assertion of it allege to own widow’s professionals, brand new legal away from is attractive held that the claimant was not called to experts due to the fact handicapped widow of staff member.

She contended you to definitely, given that she additionally the staff had cohabited getting twenty years previous towards big date of its ceremonial wedding, their cohabitation had switched their relationships to the a legal marriage better up until the 9-month period

Appellant Esther Ayuso Morales desired Societal Safeguards impairment experts based upon their own position while the “widow” of the covered staff Honorio Montanez Figueroa. Not as much as 42 U. § 416(c) to meet the requirements since a beneficial “widow” a woman must have started married for at least 9 weeks cГіdigo dating.com livre in the course of their particular partner’s passing. Appellant’s relationships occurred into the 9-day months. Positives was in fact declined.

On interest, she urges you to she actually is nonetheless qualified once the she cohabited that have their unique partner to own 20 years prior to the relationships. She adds that, anyway, not as much as 42 U. § 416(h)(1)(A) an applicant are a beneficial widow when the she would, “under the statutes . . . [from Puerto Rico] deciding the new devolution regarding intestate private possessions, have the same status . . . because the a partner . . . [or] widow. . . .” Look for fundamentally, Rombauer, Marital Position and Qualification having Federal Legal Income Gurus: An old Questionnaire, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She says that the concubinage law away from Puerto Rico offers her such as reputation.

We simply cannot accept appellant’s first disagreement. We know that some common law jurisdictions know low-ceremonial otherwise “common law marriages.” These marriage ceremonies are formulated because of the agree of the events given that any price. F.W. Kuchlar, Rules regarding Involvement and you may Relationship 1-5 (2d ed. 1978); get a hold of O.Elizabeth. Koegel, Common-law ent in the us (1922). But common-law marriages commonly approved in Puerto Rico. The brand new requisites of a valid relationships from inside the Puerto Rico are set forward during the Blog post 69 of Civil Password, 29 L.P.R.A. § 231. Integrated of the requisites is the “[a]uthorization and you will celebration off a great matrimonial package depending on the versions and you can solemnities given legally.” On the absence of these types of versions and you may solemnities, discover no marriage. Rivera v. Region Courtroom out of San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-twelve (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).