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The fresh claimant taken out handicapped widow’s insurance policies positives towards worker’s earnings record, nevertheless Assistant refuted her application because the claimant don’t meet with the nine-month years-of-matrimony needs during the 42 You. 416(c). This denial is upheld from the district legal. The fresh claimant following appealed towards You.S. Court away from Is attractive to the Very first Routine. The latest judge of is attractive noted you to Puerto Rico cannot accept common-rules marriage ceremonies which what’s needed for installing a legitimate relationships within the Puerto Rico are prepared onward inside Article 69 of Municipal Code, 29 L.P.Roentgen.A great. § 231. This new court learned that, in this case, the requirements of Post 69 was in fact certainly maybe not found 9 days before the worker’s death. The fresh new legal after that learned that brand new claimant’s constitutional «equivalent cover» attack on the 9-few days years-of-relationships demands are incorrect around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The brand new claimant together with argued one to, given that she is actually the worker’s concubine, she got a right lower than Puerto Rican law so you’re able to inherit out-of the brand new worker’s estate because their widow, and you will she are considered becoming the widow of one’s employee lower than 42 U. 416(h)(1)(A). The new court out of is attractive discovered that, around Puerto Rican laws, an effective concubine off an employee possess a straight to a percentage of the house gotten over the course of concubinage but really does not have a straight to inherit good widow’s show of deceased worker’s intestate private property. For this reason, new claimant cannot end up being deemed to be the newest widow regarding the brand new personnel around 42 You. 416(h)(1)(A) of the application of the law from Puerto Rico towards intestate series. Into the upholding the new district court’s choice affirming the new Secretary’s assertion regarding so it claim to possess widow’s positives, the fresh courtroom regarding is attractive kept that the claimant was not called so you’re able to experts while the handicapped widow of the personnel.
She contended that, as she and staff had cohabited to have 2 decades earlier into go out of their ceremonial marriage, the cohabitation had switched their relationships to your an appropriate matrimony better until the 9-week months
Appellant Esther Ayuso Morales looked for Social Cover disability masters depending her updates due to the fact «widow» of insured employee Honorio Montanez Figueroa. Lower than 42 U. § 416(c) to help you meet the requirements since the a good «widow» a female must have come married for at least 9 weeks during their partner’s death. Appellant’s relationships taken place for the 9-few days period. Masters was indeed refuted.
Toward attract, she appetite you to she’s however eligible due to the fact she cohabited which have their partner getting 20 years prior to the matrimony. She adds one to, anyway, below 42 U. § 416(h)(1)(A) a candidate try an effective widow if she’d, «under the regulations . . . [off Puerto Rico] choosing the brand new devolution off intestate individual property, have the same reputation . . . just like the a wife . . . [or] widow. . . .» Look for essentially, Rombauer, Marital Condition and you will Qualifications getting Federal Legal Money Gurus: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states your concubinage rules away from Puerto Rico brings their own particularly position.
We can not deal with appellant’s very first dispute. We all know one to some traditional laws jurisdictions acknowledge non-ceremonial or «common-law marriage ceremonies.» These marriages manufactured from the concur of one’s activities because other price. F.W. Kuchlar, Laws off Wedding and you can Wedding 1-5 (2d ed. 1978); discover O.Age. Koegel, Common law ent in the united states (1922). But common law marriage ceremonies are not acknowledged for the Puerto Rico. Brand new requisites out-of a legitimate relationship during the Puerto Namoro loverwhirl Rico are prepared ahead for the Blog post 69 of one’s Municipal Code, 30 L.P.R.Good. § 231. Integrated of these requisites ‘s the «[a]uthorization and you will affair of an excellent matrimonial offer depending on the versions and you may solemnities prescribed legally.» Throughout the absence of such forms and you may solemnities, you will find no marriage. Rivera v. Area Legal from San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio en derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).