She argues you to cohabitation transformed their relationship to your a legal matrimony well before new 9-month several months Leave a comment

P.R

The brand new claimant taken out handicapped widow’s insurance rates masters to your worker’s income number, nevertheless the Secretary declined their particular software given that claimant don’t meet up with the nine-times cycle-of-matrimony demands in 42 U.S.C. 416(c). Which denial was upheld from the section judge. Brand new claimant up coming appealed on You.S. Judge from Is attractive on the Very first Circuit. Brand new legal off appeals indexed you to Puerto Rico doesn’t accept common-legislation marriages and that what’s needed getting starting a legitimate wedding within the Puerto Rico are ready forth in the Blog post 69 of your own Municipal Code, 29 L.A good. § 231. The fresh new courtroom found that, in such a case, the requirements of Article 69 was basically certainly perhaps not came across 9 days before the worker’s passing. The fresh new judge next discovered that the fresh new claimant’s constitutional “equivalent safety” attack on 9-week stage-of-wedding needs is invalid lower than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 indian gelin (1975), and you will Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). This new claimant also contended one, because she was brand new worker’s concubine, she got a right less than Puerto Rican rules in order to inherit out of the latest worker’s property because their widow, and you may she is deemed to be this new widow of one’s staff member under 42 U.S.C. 416(h)(1)(A). The brand new courtroom from appeals unearthed that, under Puerto Rican legislation, a great concubine of a worker keeps a right to a percentage of the property received during the period of concubinage but does not have a straight to inherit a good widow’s display of lifeless worker’s intestate private possessions. Ergo, new claimant could not feel considered are the fresh new widow out of this new staff lower than 42 U.S.C. 416(h)(1)(A) by the application of what the law states out-of Puerto Rico to the intestate series. In upholding the newest section court’s choice affirming the latest Secretary’s assertion out-of that it claim for widow’s advantages, this new legal of is attractive stored that claimant was not entitled in order to pros since handicapped widow of your worker.

Appellant Esther Ayuso Morales wanted Public Security impairment professionals dependent her updates given that “widow” of your own covered staff member Honorio Montanez Figueroa. Lower than 42 You.S.C. § 416(c) so you can be considered given that an effective “widow” a lady need come hitched for around 9 days in the course of their particular partner’s dying. Appellant’s wedding took place in the nine-week months. Advantages was in fact refused.

She contended you to definitely, given that she additionally the employee got cohabited for twenty years previous toward go out of the ceremonial matrimony, the cohabitation got transformed their matchmaking to the an appropriate wedding better up until the 9-month months

For the appeal, she cravings you to this woman is nonetheless eligible while the she cohabited which have their own spouse to have 20 years ahead of the wedding. She adds one to, anyway, below 42 U.S.C. § 416(h)(1)(A) an applicant try a good widow if she would, “beneath the guidelines . . . [out of Puerto Rico] choosing the fresh devolution off intestate personal assets, have a similar standing . . . because a spouse . . . [or] widow. . . .” Find generally, Rombauer, Relationship Status and you will Eligibility to possess Federal Legal Income Pros: A historical Survey, 52 Wash.L.Rev. 227, 257 et. seq. (1977). She claims your concubinage legislation out of Puerto Rico gives their particular for example position.

We cannot take on appellant’s very first dispute. We understand that some common law jurisdictions acknowledge non-ceremonial or “common law marriage ceremonies.” These types of marriage ceremonies are manufactured from the consent of one’s events because the virtually any deal. F.W. Kuchlar, Laws out-of Wedding and you will Marriage step one-5 (2d ed. 1978); get a hold of O.Elizabeth. Koegel, Common-law ent in the us (1922). But common-law marriages commonly acknowledged in Puerto Rico. The fresh new requisites off a valid relationships from inside the Puerto Rico are set forward from inside the Post 69 of Municipal Code, 29 L.A beneficial. § 231. Provided of these requisites ‘s the “[a]uthorization and you can affair from a good matrimonial package depending on the forms and you may solemnities given legally.” Regarding lack of such versions and you will solemnities, discover no relationships. Rivera v. Section Legal out-of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).