P.Roentgen
This new claimant removed disabled widow’s insurance advantages on the worker’s income list, however the Assistant rejected their own app because the claimant don’t meet with the 9-day stage-of-relationship requirements inside 42 U.S.C. 416(c). Which assertion are upheld by region legal. The newest claimant upcoming appealed to the U.S. Courtroom from Is attractive into First Circuit. The fresh judge away from appeals noted one to Puerto Rico cannot admit common-rules marriages hence the needs getting establishing a valid matrimony inside the Puerto Rico are set forward into the Post 69 of the Municipal Password, 29 L.Good. § 231. The fresh new legal unearthed that, in cases like this, the requirements of Blog post 69 have been clearly perhaps not satisfied 9 days ahead of the worker’s dying. New legal next found that the brand new claimant’s constitutional “equivalent safeguards” assault towards the nine-times years-of-wedding specifications was incorrect significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The brand new claimant plus argued you to, as she is actually the worker’s concubine, she had a right lower than Puerto Rican laws so you can inherit from the fresh worker’s property because the their widow, and she should be considered to get the latest widow of your employee less than 42 U.S.C. 416(h)(1)(A). The fresh new judge out of appeals learned that, lower than Puerto Rican rules, a concubine out-of a worker has a straight to a percentage of the home obtained throughout concubinage but really does not have a straight to bu baДџlantД±ya bir gГ¶z atД±n inherit an effective widow’s display of the dry worker’s intestate private assets. Hence, the new claimant could not become considered to-be the brand new widow away from new worker lower than 42 U.S.C. 416(h)(1)(A) from the applying of what the law states off Puerto Rico into the intestate succession. Within the upholding the region court’s choice affirming the brand new Secretary’s denial of it claim to own widow’s masters, the new court away from appeals kept that claimant was not called so you’re able to pros since the disabled widow of the personnel.
Appellant Esther Ayuso Morales looked for Societal Protection disability masters dependent their condition as “widow” of one’s insured staff Honorio Montanez Figueroa. Lower than 42 U.S.C. § 416(c) to help you qualify due to the fact a “widow” a lady must have already been partnered for around 9 months in the course of her partner’s dying. Appellant’s marriage happened within the 9-week several months. Positives was rejected.
She debated you to definitely, just like the she therefore the staff got cohabited to have two decades prior towards big date of the ceremonial wedding, the cohabitation got transformed their relationships towards an appropriate relationship well before 9-week several months
On the attention, she cravings you to this woman is nevertheless qualified because she cohabited having their own partner to own twenty years in advance of its relationships. She adds you to definitely, anyway, below 42 You.S.C. § 416(h)(1)(A) a candidate is actually an excellent widow when the she would, “under the legislation . . . [of Puerto Rico] determining brand new devolution off intestate individual possessions, have a similar updates . . . because a partner . . . [or] widow. . . .” Get a hold of basically, Rombauer, Marital Status and Qualification getting Government Statutory Earnings Gurus: A historical Survey, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She states that the concubinage laws out-of Puerto Rico brings their own particularly standing.
We can’t deal with appellant’s very first conflict. We all know you to some typically common law jurisdictions admit non-ceremonial otherwise “common-law marriage ceremonies.” These types of marriage ceremonies are manufactured by consent of the parties since another price. F.W. Kuchlar, Rules out-of Involvement and Relationship 1-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common-law ent in the united states (1922). However, common-law marriage ceremonies aren’t acknowledged in Puerto Rico. Brand new requisites of a valid relationship inside Puerto Rico are ready forth within the Post 69 of your own Civil Password, 29 L.A beneficial. § 231. Provided of the requisites is the “[a]uthorization and you can celebration of an effective matrimonial bargain according to variations and you will solemnities given by-law.” Regarding the lack of this type of versions and solemnities, there was zero relationship. Rivera v. Region Court out-of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).