S.C

This new claimant applied for disabled widow’s insurance coverage benefits to the worker’s income record, nevertheless Assistant denied their particular app as the claimant did not meet up with the 9-few days duration-of-relationship specifications into the 42 You. 416(c). Which denial are kept from the region judge. The latest claimant after that appealed for the You.S. Legal out of Is attractive toward Basic Circuit. The new legal out-of appeals listed you to Puerto Rico does not acknowledge common-laws marriage ceremonies hence the prerequisites having installing a valid relationships inside Puerto Rico are ready forward for the Post 69 of your own Civil Password, 29 L.P.R.A good. § 231. This new court discovered that, in cases like this, the requirements of Post 69 were certainly perhaps not came across 9 months prior to the worker’s demise. This new judge subsequent unearthed that the latest claimant’s constitutional “equal coverage” assault towards the nine-few days years-of-wedding requirement try invalid around Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). This new claimant and debated one to, given that she was the brand new worker’s concubine, she had the right not as much as Puerto Rican laws to help you inherit out of the brand new worker’s property just like the his widow, and you will she shall be deemed are the brand new widow of staff member lower than 42 U. 416(h)(1)(A). The brand new legal away from is attractive discovered that, less than Puerto Rican rules, a good concubine off a worker keeps a straight to a share of the house received during the period of concubinage but does not have a straight to inherit an excellent widow’s show of the dead worker’s intestate individual property. Hence, the claimant cannot become deemed to get the fresh new widow off this new employee not as much as 42 U. 416(h)(1)(A) because of the applying of legislation out-of Puerto Rico towards intestate series. When you look at the maintaining the fresh section court’s decision affirming the new Secretary’s assertion out-of it claim having widow’s masters, the fresh new courtroom out of is attractive held your claimant wasn’t titled to help you pros because the handicapped widow of your own personnel.

She argued one, just like the she therefore the staff had cohabited having 2 decades earlier to the date of its ceremonial wedding, the cohabitation got switched their relationships towards the an appropriate relationship well until the 9-times months

Appellant Esther Ayuso Morales sought for Social Shelter handicap positives dependent their reputation as the “widow” of insured personnel Honorio Montanez Figueroa. Lower than 42 U. § 416(c) so you can meet the requirements since the a beneficial “widow” a lady should have already been hitched for at least 9 months during the time of their particular partner’s passing. Appellant’s relationship took place for the nine-month period. Positives have been denied.

Towards interest, she appetite you to this woman is still eligible given that she cohabited which have her partner to have 2 decades prior to their marriage. She contributes you to, in any event, lower than 42 U. § 416(h)(1)(A) a candidate are a great widow when the she would, “underneath the regulations . . . [out-of Puerto Rico] choosing the fresh new devolution of intestate personal assets, have the same reputation . . . just like the a spouse . . . [or] widow. . . .” Select fundamentally, Rombauer, Relationship Standing and Qualification for Government Legal Earnings Masters: An old Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She states that concubinage legislation away from Puerto Rico gets their own like standing.

We can not deal with appellant’s basic dispute. We know you to some traditional rules jurisdictions acknowledge non-ceremonial otherwise “common law marriages.” These marriages are made by the concur of your own events as almost every other bargain. F.W. Kuchlar, Law regarding Wedding and you may Wedding step 1-5 (2d ed. 1978); discover O.E. Koegel, Common-law ent in the usa (1922). But common-law https://kissbrides.com/pt-pt/islandesas-mulheres/ marriages are not recognized in the Puerto Rico. New requisites out-of a legitimate relationships during the Puerto Rico are ready forth when you look at the Blog post 69 of your Civil Password, 31 L.P.Roentgen.A beneficial. § 231. Included of the requisites is the “[a]uthorization and event away from an excellent matrimonial offer with regards to the models and you can solemnities given for legal reasons.” On the lack of this type of models and you may solemnities, there was zero wedding. Rivera v. Region Judge regarding San Juan, 58 P.Roentgen.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-several (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).