She argues you to definitely cohabitation switched their particular dating into the a legal marriage a long time before the fresh new 9-month months
S.C
This new claimant removed handicapped widow’s insurance masters on worker’s income list, although Secretary rejected their unique app as claimant did not meet the nine-day course-of-relationships requirement inside the 42 You. 416(c). That it denial was kept by district legal. The newest claimant following appealed with the You.S. Court out of Appeals to your Earliest Routine. The new judge away from appeals listed you to definitely Puerto Rico does not accept common-rules marriages and therefore the needs to have establishing a valid wedding from inside the Puerto Rico are ready ahead in the Post 69 of the Municipal Password, 31 L.P.Roentgen.A. § 231. The latest judge discovered that, in cases like this, the requirements of Post 69 was demonstrably not found nine days ahead of the worker’s passing. Brand new court after that found that this new claimant’s constitutional “equal protection” attack with the 9-times duration-of-relationship specifications try incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). Brand new claimant as well as contended one, due to the fact she was this new worker’s concubine, she had a right significantly less than Puerto Rican legislation to inherit away from the newest worker’s estate since the their widow, and you will she will be considered becoming the latest widow of one’s staff less than 42 U. 416(h)(1)(A). The fresh judge off is attractive found that, lower than Puerto Rican laws, a beneficial concubine off a member of staff has a straight to a portion of the house received over the course of concubinage but really does n’t have a directly to inherit a great widow’s display of one’s dry worker’s intestate individual property. (more…)