P.Roentgen
This new claimant removed disabled widow’s insurance rates masters for the worker’s money record, however the Assistant denied their software because the claimant did not meet with the 9-week cycle-of-relationship specifications when you look at the 42 U.S.C. 416(c). That it assertion try upheld because of the region legal. The newest claimant up coming appealed towards You.S. Courtroom off Is attractive to the First Routine. The fresh new legal out-of is attractive detailed you to definitely Puerto Rico doesn’t accept common-law marriage ceremonies which the requirements for creating a valid relationship in the Puerto Rico are set forward for the Blog post 69 of your own hjelpsomme hint Civil Password, 29 L.A. § 231. The latest courtroom learned that, in this situation, the needs of Post 69 was indeed obviously not came across nine months ahead of the worker’s dying. Brand new judge next discovered that this new claimant’s constitutional “equal shelter” attack into the nine-month period-of-relationships demands are incorrect below Weinberger v. Salfi, 422 You.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). The fresh claimant along with argued you to definitely, because the she is actually this new worker’s concubine, she got a right less than Puerto Rican rules in order to inherit out of the latest worker’s home given that their widow, and you can she are considered to-be the fresh widow of employee under 42 U.S.C. 416(h)(1)(A). The latest court away from appeals unearthed that, around Puerto Rican laws, good concubine off a member of staff have a right to a percentage of the house acquired throughout concubinage however, does n’t have a right to inherit good widow’s share of your own dry worker’s intestate private possessions. Ergo, the newest claimant couldn’t feel deemed as the widow regarding the personnel under 42 U.S.C. 416(h)(1)(A) because of the applying of regulations away from Puerto Rico on intestate series. Inside maintaining brand new area court’s decision affirming brand new Secretary’s denial regarding which allege having widow’s professionals, the fresh new courtroom away from appeals held that claimant was not named to help you professionals once the handicapped widow of the employee.
Appellant Esther Ayuso Morales needed Personal Coverage impairment benefits reliant their particular standing due to the fact “widow” of your covered personnel Honorio Montanez Figueroa. Significantly less than 42 U.S.C. § 416(c) to help you meet the requirements because an excellent “widow” a woman need to have been partnered for around 9 weeks at the time of her husband’s dying. Appellant’s marriage taken place for the nine-week months. Positives had been denied.
She argued one to, once the she additionally the staff member had cohabited to possess 20 years early in the day towards date of its ceremonial relationships, their cohabitation had transformed the relationships towards the an appropriate wedding well before the 9-few days several months
On the attention, she appetite that the woman is still eligible while the she cohabited that have her spouse to possess 20 years just before the relationships. She adds you to definitely, in any event, under 42 U.S.C. § 416(h)(1)(A) a candidate is an effective widow in the event the she’d, “within the legislation . . . [off Puerto Rico] deciding the devolution regarding intestate individual assets, have the same position . . . because the a wife . . . [or] widow. . . .” Get a hold of basically, Rombauer, Relationship Reputation and you may Qualifications for Federal Statutory Earnings Masters: An old Survey, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She says the concubinage law out of Puerto Rico gives their own such condition.
We cannot accept appellant’s basic argument. We understand you to some traditional legislation jurisdictions recognize low-ceremonial otherwise “common-law marriages.” This type of marriages were created because of the consent of people because the another deal. F.W. Kuchlar, Legislation off Involvement and you will Relationships step 1-5 (2d ed. 1978); come across O.Age. Koegel, Common law ent in america (1922). But common law marriage ceremonies aren’t accepted inside Puerto Rico. The fresh requisites off a valid wedding into the Puerto Rico are ready forth for the Post 69 of Civil Code, 31 L.An effective. § 231. Integrated of the requisites is the “[a]uthorization and you will affair out of a matrimonial price according to variations and you can solemnities given by law.” On the absence of these forms and you can solemnities, there is certainly no wedding. Rivera v. Region Court out-of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).
