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The claimant taken out handicapped widow’s insurance coverage benefits towards worker’s money number, however the Secretary refused their own app since claimant did not meet with the nine-day duration-of-relationships requirements during the 42 You. 416(c). Which denial is kept from the region judge. This new claimant then appealed with the U.S. Courtroom out of Appeals to the Earliest Circuit. This new court from appeals detailed one Puerto Rico doesn’t recognize common-law marriage ceremonies hence the needs to own establishing a valid wedding inside the Puerto Rico are prepared onward in the Blog post 69 of the Municipal Code, 29 L.P.R.A beneficial. § 231. The new court discovered that, in such a case, the requirements of Post 69 were clearly maybe not met nine months prior to the worker’s demise. The brand new courtroom then learned that brand new claimant’s constitutional « equivalent cover » attack on nine-month years-of-wedding specifications is actually invalid under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The fresh new claimant also contended you to definitely, since the she try the newest worker’s concubine, she got a right significantly less than Puerto Rican legislation to help you inherit out of the fresh worker’s estate since his widow, and you can she might be deemed become the new widow of your personnel significantly less than 42 U. 416(h)(1)(A). The latest legal out of appeals unearthed that, lower than Puerto Rican laws, good concubine out of a member of staff enjoys a right to a portion of the home acquired over the course of concubinage however, do not have a right to inherit a Exemplos de perfis lovefort great widow’s express of one’s lifeless worker’s intestate personal possessions. Hence, the new claimant couldn’t end up being considered is the fresh widow from the new staff below 42 U. 416(h)(1)(A) by the application of legislation of Puerto Rico to your intestate sequence. From inside the upholding the fresh district court’s choice affirming the newest Secretary’s assertion away from this allege getting widow’s positives, the latest legal out-of appeals kept your claimant wasn’t entitled so you’re able to masters because handicapped widow of your employee.
She debated you to definitely, due to the fact she additionally the staff member got cohabited having two decades prior toward day of the ceremonial matrimony, the cohabitation got switched the dating to your a legal relationships really through to the 9-week period
Appellant Esther Ayuso Morales desired Public Safeguards handicap pros based upon their reputation due to the fact « widow » of one’s covered employee Honorio Montanez Figueroa. Lower than 42 U. § 416(c) so you’re able to be considered because a great « widow » a lady need become hitched for around 9 weeks at the time of their partner’s death. Appellant’s relationships happened for the nine-times several months. Pros had been refused.
Into desire, she appetite one she’s nonetheless qualified due to the fact she cohabited having their spouse to have twenty years prior to their relationships. She adds one, in any event, under 42 You. § 416(h)(1)(A) an applicant was an excellent widow when the she’d, « under the laws and regulations . . . [of Puerto Rico] deciding new devolution regarding intestate private possessions, have the same condition . . . because a wife . . . [or] widow. . . . » Find fundamentally, Rombauer, Relationship Reputation and you will Qualifications to have Federal Legal Income Benefits: A historical Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that concubinage laws of Puerto Rico offers their particular instance condition.
We can’t take on appellant’s earliest conflict. We understand you to definitely some typically common rules jurisdictions know non-ceremonial otherwise « common-law marriage ceremonies. » These types of marriage ceremonies are produced of the agree of one’s parties once the any other price. F.W. Kuchlar, Rules out-of Involvement and you can Matrimony 1-5 (2d ed. 1978); select O.Age. Koegel, Common-law ent in the usa (1922). But common law marriage ceremonies aren’t approved inside Puerto Rico. The requisites from a legitimate matrimony inside Puerto Rico are ready forward in the Post 69 of the Civil Code, 29 L.P.Roentgen.Good. § 231. Provided of the requisites ‘s the « [a]uthorization and you can affair away from a great matrimonial deal according to versions and you may solemnities given by law. » Regarding the absence of these types of models and you can solemnities, there was no relationships. Rivera v. Area Legal of San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-12 (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).