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The brand new claimant applied for disabled widow’s insurance professionals into worker’s income record, nevertheless Assistant refuted their own app as claimant didn’t meet with the 9-day stage-of-wedding requisite from inside the 42 U. 416(c). This denial is actually upheld because of the section judge Eslavos fГЄmea. The claimant following appealed to your U.S. Legal out-of Appeals towards the Very first Circuit. Brand new legal of appeals noted you to definitely Puerto Rico doesn’t accept common-laws marriages which what’s needed to own setting up a valid matrimony into the Puerto Rico are prepared forward when you look at the Article 69 of your own Civil Password, 29 L.P.Roentgen.A great. § 231. New legal discovered that, in cases like this, the needs of Article 69 had been certainly maybe not fulfilled nine days prior to the worker’s passing. The fresh new courtroom next discovered that this new claimant’s constitutional “equivalent shelter” attack into the 9-month course-of-matrimony requisite is incorrect under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The brand new claimant and debated one to, since she are brand new worker’s concubine, she had the right below Puerto Rican law so you’re able to inherit away from brand new worker’s home once the their widow, and she should be deemed as brand new widow of one’s employee under 42 U. 416(h)(1)(A). Brand new legal regarding is attractive discovered that, lower than Puerto Rican rules, a beneficial concubine out of an employee keeps a directly to a share of the home gotten throughout concubinage but does n’t have a right to inherit an effective widow’s express of the dry worker’s intestate individual property. For this reason, the fresh claimant could not end up being considered is the brand new widow out of new staff member under 42 U. 416(h)(1)(A) by the applying of what the law states of Puerto Rico on intestate series. Within the maintaining the brand new section court’s choice affirming the newest Secretary’s denial out-of this allege to own widow’s masters, the fresh new legal from appeals stored that the claimant was not named to benefits as the disabled widow of one’s staff.
She contended that, because the she plus the staff had cohabited to have 2 decades early in the day with the date of the ceremonial wedding, its cohabitation had transformed the relationships towards an appropriate wedding better till the 9-month months
Appellant Esther Ayuso Morales tried Social Safety handicap experts depending their own condition as “widow” of one’s covered staff Honorio Montanez Figueroa. Less than 42 U. § 416(c) so you’re able to meet the requirements because the good “widow” a lady need to have come hitched for around 9 months during the time of their partner’s passing. Appellant’s marriage happened in the nine-few days several months. Masters were refuted.
Towards the appeal, she urges that she actually is nevertheless eligible while the she cohabited with their partner getting twenty years prior to its marriage. She adds one to, anyhow, lower than 42 U. § 416(h)(1)(A) a candidate is actually a beneficial widow when the she’d, “under the guidelines . . . [regarding Puerto Rico] determining brand new devolution out of intestate individual assets, have a similar position . . . once the a wife . . . [or] widow. . . .” Select essentially, Rombauer, Marital Position and you may Qualifications having Federal Legal Money Gurus: A historical Questionnaire, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She says the concubinage rules from Puerto Rico offers their own such as for instance standing.
We can’t undertake appellant’s first dispute. We understand one to some common legislation jurisdictions acknowledge non-ceremonial or “common-law marriages.” This type of marriage ceremonies were created from the agree of the parties while the various other deal. F.W. Kuchlar, Rules out of Involvement and you will Relationships step 1-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common law ent in the united states (1922). But common-law marriages aren’t approved when you look at the Puerto Rico. The fresh new requisites away from a valid relationship in Puerto Rico are prepared onward into the Post 69 of your Municipal Code, 29 L.P.Roentgen.Good. § 231. Provided of the requisites ‘s the “[a]uthorization and you will occasion away from an excellent matrimonial bargain with respect to the versions and solemnities prescribed legally.” About lack of these versions and you may solemnities, there is certainly zero relationship. Rivera v. Region Court away from San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).
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