P.R
The brand new claimant removed disabled widow’s insurance policies positives for the worker’s income list, nevertheless the Assistant rejected their software because claimant failed to meet the 9-day stage-of-matrimony criteria in the 42 U.S.C. 416(c). That it assertion is upheld by area judge. The claimant https://kissbrides.com/hot-american-women/ up coming appealed into the U.S. Legal regarding Appeals to your Basic Routine. This new legal out-of appeals listed one to Puerto Rico cannot admit common-laws marriages hence the requirements to have installing a valid marriage during the Puerto Rico are set forth during the Blog post 69 of the Municipal Code, 31 L.Good. § 231. New judge learned that, in such a case, the needs of Post 69 was in fact certainly perhaps not came across 9 months ahead of the worker’s death. The new legal after that unearthed that this new claimant’s constitutional “equivalent safety” attack toward nine-few days cycle-of-wedding demands was invalid less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you will Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The brand new claimant together with debated you to definitely, since she was this new worker’s concubine, she got the right significantly less than Puerto Rican rules to inherit regarding new worker’s home since the their widow, and you can she are considered to get the fresh new widow of the staff lower than 42 You.S.C. 416(h)(1)(A). The fresh new judge from appeals learned that, under Puerto Rican rules, an excellent concubine off an employee keeps a straight to a percentage of the home obtained throughout concubinage but do n’t have a directly to inherit a good widow’s show of one’s deceased worker’s intestate private assets. Hence, the latest claimant cannot getting deemed becoming the new widow regarding the fresh new employee around 42 You.S.C. 416(h)(1)(A) because of the application of regulations of Puerto Rico for the intestate sequence. For the upholding brand new region court’s choice affirming brand new Secretary’s assertion regarding so it allege having widow’s pros, the fresh courtroom away from appeals kept that the claimant was not named to positives due to the fact handicapped widow of your own employee.
Appellant Esther Ayuso Morales desired Personal Shelter handicap advantages depending their particular standing because the “widow” of one’s insured staff Honorio Montanez Figueroa. Around 42 You.S.C. § 416(c) so you’re able to qualify given that a beneficial “widow” a woman need to have started married for at least 9 weeks during their unique husband’s death. Appellant’s marriage took place in nine-day period. Pros have been declined.
She debated you to, given that she while the worker had cohabited getting two decades previous toward date of its ceremonial relationship, the cohabitation had turned their matchmaking into the a legal relationships really before the 9-day months
With the appeal, she appetite you to the woman is nevertheless qualified as the she cohabited that have their unique partner for 2 decades before its wedding. She adds you to, anyway, less than 42 U.S.C. § 416(h)(1)(A) a candidate is actually good widow in the event the she’d, “within the laws and regulations . . . [regarding Puerto Rico] choosing the latest devolution off intestate private assets, have the same position . . . once the a spouse . . . [or] widow. . . .” Look for basically, Rombauer, Marital Standing and you may Qualification to own Federal Legal Income Benefits: An old Survey, 52 Wash.L.Rev. 227, 257 et. seq. (1977). She states your concubinage rules away from Puerto Rico gives her such as position.
We simply cannot take on appellant’s first conflict. We know you to definitely some typically common laws jurisdictions know non-ceremonial or “common law marriages.” These types of marriages are manufactured by the agree of your activities due to the fact any kind of offer. F.W. Kuchlar, Legislation from Involvement and you will Matrimony 1-5 (2d ed. 1978); select O.Age. Koegel, Common law ent in the us (1922). However, common-law marriage ceremonies aren’t accepted for the Puerto Rico. Brand new requisites away from a valid matrimony when you look at the Puerto Rico are prepared forward inside the Blog post 69 of one’s Civil Password, 31 L.Good. § 231. Included of those requisites is the “[a]uthorization and celebration from a matrimonial contract with respect to the versions and solemnities recommended for legal reasons.” Regarding lack of this type of versions and you can solemnities, there is zero matrimony. Rivera v. Region Courtroom off San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).
