The newest claimant taken out handicapped widow’s insurance coverage masters on the worker’s earnings record, but the Assistant refuted their unique application since the claimant didn’t meet up with the 9-day cycle-of-matrimony criteria in the 42 You. 416(c). That it assertion are upheld of the section legal. The fresh claimant up coming appealed on U.S. Court from Is attractive toward Very first Routine. New court away from is attractive detailed one to Puerto Rico will not admit common-laws marriages which certain requirements for setting up a valid matrimony for the Puerto Rico are ready onward within the Post 69 of your own Municipal Password, 29 L.P.R.A good. § 231. The brand new court unearthed that, in cases like this, the needs of Post 69 was indeed certainly perhaps not came across nine days prior to the worker’s death. The court subsequent learned that new claimant’s constitutional «equal safeguards» assault on nine-month stage-of-matrimony criteria is invalid lower than Weinberger v. Salfi, 422 U.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 brand new claimant as well as argued one to, because she was the latest worker’s concubine, she got a right less than Puerto Rican laws to inherit off the latest worker’s house given that their widow, and you will she will be deemed as the new widow of employee under 42 You. 416(h)(1)(A). The newest courtroom away from is attractive unearthed that, not as much as Puerto Rican laws, a good concubine out of a worker enjoys a right to a portion of the home gotten throughout concubinage but does n’t have a directly to inherit an excellent widow’s display of your own inactive worker’s intestate personal assets. Thus, new claimant cannot be deemed as the brand new widow regarding the latest worker below 42 You. 416(h)(1)(A) because of the application of regulations off Puerto Rico towards intestate succession. Within the upholding brand new section court’s decision affirming the fresh new Secretary’s denial regarding which allege to possess widow’s positives, the latest judge off is attractive kept that the claimant wasn’t named to advantages as disabled widow of your own employee.
She argued you to definitely, once the she together with staff got cohabited for two decades prior towards the day of their ceremonial senhoras Гєnicas EgГpcio relationship, its cohabitation had switched their dating to your an appropriate relationship really until the nine-week several months
Appellant Esther Ayuso Morales wanted Societal Safeguards handicap advantages reliant their updates while the «widow» of covered personnel Honorio Montanez Figueroa. Below 42 You. § 416(c) to help you be considered since the an effective «widow» a woman must have already been married for around nine weeks during their particular partner’s dying. Appellant’s wedding happened inside the nine-week several months. Experts had been declined.
Towards interest, she urges one she is still qualified due to the fact she cohabited with her spouse having twenty years before their matrimony. She adds you to definitely, anyhow, around 42 You. § 416(h)(1)(A) an applicant is an excellent widow when the she’d, «in regulations . . . [out-of Puerto Rico] determining the fresh devolution off intestate private possessions, have the same position . . . since the a partner . . . [or] widow. . . .» Select generally, Rombauer, Marital Condition and you can Qualification for Government Legal Money Gurus: An old Survey, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She says your concubinage rules out-of Puerto Rico brings their particular including condition.
We cannot deal with appellant’s first conflict. We understand that some traditional law jurisdictions admit non-ceremonial or «common law marriages.» These marriage ceremonies were created from the agree of your own activities as the virtually any offer. F.W. Kuchlar, Rules from Involvement and you may Relationship step one-5 (2d ed. 1978); discover O.Elizabeth. Koegel, Common law ent in america (1922). However, common law marriages are not accepted for the Puerto Rico. New requisites out of a legitimate wedding for the Puerto Rico are prepared forth for the Blog post 69 of your own Municipal Password, 31 L.P.Roentgen.A. § 231. Incorporated of the requisites ‘s the «[a]uthorization and you may occasion from an excellent matrimonial deal with regards to the versions and you may solemnities prescribed by-law.» From the absence of these types of forms and you can solemnities, discover zero relationship. Rivera v. Area Courtroom regarding San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio en derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-several (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).