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This new claimant removed disabled widow’s insurance coverage benefits into the worker’s earnings list, however the Assistant refuted their unique application as the claimant don’t meet with the nine-times stage-of-matrimony demands inside the 42 You. 416(c). This denial is upheld by district legal. The brand new claimant upcoming appealed towards the You.S. Courtroom from Is attractive on Earliest Circuit. New courtroom off is attractive noted that Puerto Rico doesn’t recognize common-rules marriage ceremonies and that certain requirements getting starting a legitimate matrimony in Puerto Rico are set forward when you look at the Post 69 of the Municipal Password, 29 L.P.R.A beneficial. § 231. New judge learned that, in this instance, the requirements of Post 69 was in fact certainly not came across nine days prior to the worker’s passing. This new court further unearthed that new claimant’s constitutional “equivalent safeguards” attack for the nine-times course-of-wedding needs is incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you can Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The claimant in addition to argued you to definitely, given that she are this new worker’s concubine, she got the right not as much as Puerto Rican law in order to inherit away from the new worker’s house as his widow, and you will she is considered to-be the fresh new widow of personnel not as much as 42 U. 416(h)(1)(A). The latest courtroom off appeals discovered that, lower than Puerto Rican laws, a great concubine out of a worker possess a straight to a share of the home gotten throughout concubinage however, does not have a straight to inherit an effective widow’s show of your own deceased worker’s intestate personal possessions. Ergo, the newest claimant couldn’t become considered getting this new widow away from the brand new employee less than 42 You. 416(h)(1)(A) because of the applying of legislation from Puerto Rico to the intestate succession. In the maintaining the fresh region court’s decision affirming the new Secretary’s denial off that it allege to own widow’s pros, new legal out of is attractive stored that claimant wasn’t entitled so you’re able to professionals just like the handicapped widow of worker.
She debated one to, just like the she additionally the staff got cohabited to possess two decades past on the day of its ceremonial matrimony, the cohabitation got transformed its relationship on a legal wedding well before nine-few days several months
Appellant Esther Ayuso Morales tried Societal Protection handicap benefits based upon her standing since the “widow” of your covered staff Honorio Montanez Figueroa. Below 42 You. § 416(c) in order to qualify since the a beneficial “widow” a woman need already been married for around 9 weeks during the time of their own partner’s passing. Appellant’s relationship happened within the 9-week period. Masters have been refuted.
To the focus, she urges one to this woman is nevertheless eligible as she cohabited having their spouse for 2 decades just before their marriage. She adds one, in any event, less than 42 You. § 416(h)(1)(A) an applicant is actually an effective widow in the event that she’d, “under the rules . . . [out of Puerto Rico] determining the brand new devolution regarding intestate private property, have a similar standing . . . as a wife . . . [or] widow. . . .” See generally, Rombauer, Marital Condition and you will Qualification to possess Government Legal Earnings Experts: An old Questionnaire, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She states that the concubinage law out of Puerto Rico brings their own such as updates.
We can’t accept appellant’s earliest disagreement. We realize one to some common rules jurisdictions accept non-ceremonial or “common law marriage ceremonies.” This type of marriage ceremonies are manufactured by agree of one’s activities since any kind of package. F.W. Kuchlar, Legislation away from Involvement and you can Matrimony 1-5 (2d ed. 1978); get a hold of O.Age. Koegel, Common law ent in the IndonГ©sia mulheres usa (1922). But common-law marriages commonly approved from inside the Puerto Rico. The new requisites of a legitimate marriage in the Puerto Rico are set forth within the Article 69 of Municipal Password, 29 L.P.R.A great. § 231. Incorporated of the requisites ‘s the “[a]uthorization and you will event out-of an excellent matrimonial contract according to models and you will solemnities prescribed by-law.” In the absence of these types of forms and you can solemnities, you will find no matrimony. Rivera v. Region Legal of San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).