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The fresh claimant removed handicapped widow’s insurance rates benefits to the worker’s income number, nevertheless Assistant declined their particular app since the claimant don’t meet up with the 9-times duration-of-matrimony requisite during the 42 You.S.C. 416(c). That it denial try upheld because of the region courtroom. New claimant up coming appealed on the You.S. Legal out of Appeals to the Basic Routine. The fresh new court out of appeals indexed you to definitely Puerto Rico will not know common-rules marriage ceremonies hence the requirements getting starting a valid relationships in Puerto Rico are ready forth in Blog post 69 of Municipal Password, 30 L.A good. § 231. The brand new courtroom discovered that, in this situation, the needs of Post 69 was in fact demonstrably maybe not satisfied 9 months prior to the worker’s demise. The courtroom after that found that the latest claimant’s constitutional “equivalent safeguards” attack into the nine-few days period-of-matrimony specifications was incorrect under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you will Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). New claimant in addition to debated you to definitely, because the she try this new worker’s concubine, she got a right not as much as Puerto Rican law in order to inherit away from the newest worker’s house once the their widow, and you will she is going to be considered become the fresh new widow of your personnel below 42 You.S.C. 416(h)(1)(A). The newest court regarding is attractive unearthed that, below Puerto Rican rules, a beneficial concubine out-of a member of staff keeps a directly to a portion of the house received during the period of concubinage however, really does n’t have a straight to inherit a widow’s show of your own deceased worker’s intestate personal possessions. Hence, the newest claimant cannot end up being deemed to-be new widow from the brand new worker around 42 U.S.C. 416(h)(1)(A) by applying of the law away from Puerto Rico into the intestate series. Within the upholding brand new region court’s decision affirming the new Secretary’s denial off so it allege to possess widow’s pros, this new court of is attractive stored the claimant wasn’t entitled to gurus since handicapped widow of one’s staff.
Appellant Esther Ayuso Morales sought for Social Coverage handicap advantages reliant their unique reputation since hot armenian girl “widow” of insured worker Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) to be considered since an effective “widow” a lady have to have started partnered for around nine weeks during their particular partner’s demise. Appellant’s matrimony taken place for the 9-day several months. Pros was in fact declined.
She contended you to, because the she and the staff got cohabited getting 20 years previous on the day of their ceremonial matrimony, the cohabitation had turned the matchmaking for the a legal relationship really till the 9-week months
To the focus, she cravings one to she’s still eligible as she cohabited that have her partner having twenty years before the relationships. She adds you to, anyhow, less than 42 You.S.C. § 416(h)(1)(A) a candidate is a good widow in the event that she’d, “according to the rules . . . [out of Puerto Rico] choosing the fresh devolution from intestate private assets, have the same condition . . . because the a wife . . . [or] widow. . . .” Look for basically, Rombauer, Relationship Reputation and you may Qualifications for Federal Legal Money Professionals: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that the concubinage law away from Puerto Rico brings her such as for example position.
We can’t accept appellant’s first conflict. We understand one some common laws jurisdictions admit low-ceremonial otherwise “common law marriage ceremonies.” These marriage ceremonies are built because of the concur of your own parties because the every other bargain. F.W. Kuchlar, Rules regarding Involvement and Marriage step one-5 (2d ed. 1978); find O.E. Koegel, Common law ent in the us (1922). However, common law marriages aren’t recognized during the Puerto Rico. The fresh requisites of a legitimate relationships in the Puerto Rico are prepared forward inside the Article 69 of Municipal Password, 30 L.A beneficial. § 231. Integrated among these requisites is the “[a]uthorization and you may affair off a great matrimonial price according to variations and you can solemnities recommended legally.” Regarding the absence of such variations and solemnities, there was no wedding. Rivera v. Region Courtroom away from San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).