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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. Thus, the brand new claimant cannot become considered to be this new widow from the latest employee below 42 You. 416(h)(1)(A) of the application of regulations away from Puerto Rico with the intestate succession. Inside the upholding brand new area court’s choice affirming the newest Secretary’s assertion out-of that it allege for widow’s experts, the fresh legal from is attractive held that claimant wasn’t titled so you can masters as handicapped widow of your staff member.
She debated you to, since she plus the staff got cohabited to have 20 years past to the go out of its ceremonial marriage, their cohabitation got transformed the relationships to the an appropriate relationship better before 9-few days period
Appellant Esther Ayuso Morales wanted Societal Cover disability experts established their particular status since “widow” of your own insured personnel Honorio Montanez Figueroa. Below 42 U. § 416(c) to help you qualify since the a good “widow” a woman must have already been hitched for around 9 days at the time of their husband’s dying. Appellant’s marriage took place inside 9-month several months. Gurus was rejected.
Into the appeal, she urges you to she is nevertheless qualified because the she cohabited that have her spouse to possess twenty years before the wedding. She contributes that, in any event, not as much as 42 U. § 416(h)(1)(A) an applicant try an excellent widow if she would, “according to the laws . . . [off Puerto Rico] choosing the devolution regarding intestate private assets, have a similar reputation kissbrides.com clique para saber mais. . . as the a spouse . . . [or] widow. . . .” Come across essentially, Rombauer, Relationship Standing and Qualification to own Government Legal Income Professionals: An old Questionnaire, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She states your concubinage rules out of Puerto Rico provides their own instance status.
We simply cannot undertake appellant’s first argument. We realize one to some common rules jurisdictions recognize non-ceremonial or “common-law marriage ceremonies.” This type of marriages manufactured by the concur of your own functions as other deal. F.W. Kuchlar, Laws from Wedding and you will Matrimony 1-5 (2d ed. 1978); see O.Age. Koegel, Common-law ent in america (1922). But common law marriage ceremonies commonly acknowledged when you look at the Puerto Rico. The fresh new requisites of a legitimate relationships within the Puerto Rico are set forward from inside the Blog post 69 of one’s Civil Password, 31 L.P.Roentgen.A beneficial. § 231. Incorporated among these requisites ‘s the “[a]uthorization and you can event out of a great matrimonial deal according to the models and you may solemnities recommended by-law.” On lack of these versions and you can solemnities, there was no marriage. Rivera v. Section Legal out-of San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).