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Brand new claimant taken out handicapped widow’s insurance benefits for the worker’s money record, nevertheless Secretary refused her software because claimant failed to meet up with the nine-day period-of-marriage criteria fitness singlesA madura for the 42 U. 416(c). That it denial is upheld by section legal. Brand new claimant after that appealed on You.S. Judge off Appeals on First Circuit. The new courtroom out-of is attractive noted that Puerto Rico does not recognize common-law marriage ceremonies hence what’s needed to own installing a valid matrimony when you look at the Puerto Rico are ready forward within the Blog post 69 of one’s Civil Code, 29 L.P.Roentgen.An effective. § 231. The legal unearthed that, in this situation, the needs of Article 69 was indeed obviously not came across 9 weeks before the worker’s passing. The new judge then unearthed that the latest claimant’s constitutional « equal defense » attack for the nine-few days years-of-relationships demands are invalid significantly less 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 fresh claimant and additionally debated one, since the she is this new worker’s concubine, she got a right significantly less than Puerto Rican law in order to inherit off the fresh new worker’s estate as the his widow, and you will she will be considered as this new widow of the staff below 42 U. 416(h)(1)(A). This new judge from is attractive found that, below Puerto Rican legislation, an excellent concubine from an employee keeps a right to a percentage of the property acquired over the course of concubinage however, do not have a right to inherit a good widow’s share of dead worker’s intestate private property. Therefore, the claimant cannot getting deemed becoming the brand new widow out-of the fresh staff member under 42 U. 416(h)(1)(A) of the applying of the law away from Puerto Rico for the intestate series. Inside the maintaining the fresh area court’s decision affirming the new Secretary’s denial regarding this claim to possess widow’s experts, new court out of is attractive stored that claimant wasn’t entitled in order to positives due to the fact handicapped widow of the staff.
She debated you to, just like the she and the personnel got cohabited getting 20 years earlier in the day for the day of the ceremonial relationship, the cohabitation had switched their relationships with the an appropriate marriage well until the 9-few days period
Appellant Esther Ayuso Morales tried Public Shelter handicap benefits reliant their unique reputation while the « widow » of one’s covered personnel Honorio Montanez Figueroa. Significantly less than 42 You. § 416(c) so you’re able to be considered since the a beneficial « widow » a female need to have come hitched for at least 9 weeks in the course of their own partner’s dying. Appellant’s relationship taken place in nine-times period. Professionals was in fact denied.
Towards the notice, she cravings you to this woman is still qualified as she cohabited with their unique partner to possess 2 decades before the relationships. She contributes one to, anyway, lower than 42 You. § 416(h)(1)(A) a candidate are a good widow in the event the she’d, « underneath the laws and regulations . . . [out-of Puerto Rico] choosing the devolution of intestate private assets, have a similar condition . . . because a wife . . . [or] widow. . . . » Look for basically, Rombauer, Marital Condition and you will Qualification getting Government Legal Money Experts: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage laws away from Puerto Rico brings her such standing.
We simply cannot accept appellant’s earliest dispute. We all know one to some traditional legislation jurisdictions recognize non-ceremonial otherwise « common-law marriage ceremonies. » This type of marriage ceremonies are formulated by the agree of one’s activities due to the fact another deal. F.W. Kuchlar, Laws of Involvement and you will Relationship step 1-5 (2d ed. 1978); find O.Elizabeth. Koegel, Common law ent in america (1922). However, common-law marriages commonly recognized for the Puerto Rico. The fresh new requisites out of a legitimate marriage during the Puerto Rico are ready forth from inside the Blog post 69 of one’s Civil Password, 31 L.P.Roentgen.An excellent. § 231. Included of these requisites is the « [a]uthorization and event regarding a good matrimonial deal depending on the forms and solemnities given by-law. » Regarding absence of these versions and you may solemnities, there can be zero relationship. Rivera v. District Courtroom off San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).