P.R
The fresh claimant removed handicapped widow’s insurance policies pros to your worker’s money number, but the Secretary declined their software as the claimant did not meet the nine-few days cycle-of-matrimony specifications inside the 42 U.S.C. 416(c). That it denial was upheld of the region court. The claimant after that appealed on You.S. Judge regarding Is attractive to the First Routine. The latest judge off is attractive detailed one to Puerto Rico doesn’t accept common-legislation marriage ceremonies and therefore what’s needed to possess establishing a legitimate marriage during the Puerto Rico are prepared forth in the Post 69 of Municipal Code, 30 L.A beneficial. § 231. The brand new courtroom learned that, in cases like this, the requirements of Blog post 69 were certainly maybe not satisfied nine weeks ahead of the worker’s demise. The latest judge then learned that the fresh claimant’s constitutional ”equivalent defense” assault toward 9-month duration-of-wedding requirements was incorrect significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). Brand new claimant together with argued you to, given that she are the newest worker’s concubine, she got a right not as much as Puerto Rican law to help you inherit away from the fresh new worker’s property due to the fact their widow, and you will she would be considered as the brand new widow of one’s worker less than 42 You.S.C. 416(h)(1)(A). The newest judge regarding is attractive found that, lower than Puerto Rican legislation, an excellent concubine of an employee features a straight to a portion of the house gotten throughout concubinage however, do n’t have a straight to inherit a widow’s share of your own dead worker’s intestate personal assets. Thus, the latest claimant couldn’t feel deemed to get the new widow out of the latest personnel around 42 You.S.C. 416(h)(1)(A) from the applying of the law out-of Puerto Rico towards the intestate succession. Inside upholding the area court’s decision affirming the fresh Secretary’s assertion of this allege to have widow’s pros, the judge of appeals stored your claimant wasn’t entitled so you’re able to positives because disabled widow of staff member.
Appellant Esther Ayuso Morales sought Public Security impairment positives depending their reputation given that ”widow” of insured worker Honorio Montanez Figueroa. Below 42 You.S.C. § 416(c) so you can be considered just like the good ”widow” a lady need to have started married for at least 9 weeks during the time of her husband’s dying. Appellant’s relationships taken place inside 9-few days several months. Pros were refused.
She debated one to, once the she plus the staff member got cohabited getting twenty years prior toward time of its ceremonial relationship, the cohabitation got switched its matchmaking into an appropriate marriage well up until the nine-week period
For the notice, she appetite you to definitely she’s nevertheless qualified because she cohabited with their particular spouse to possess 20 years just before their relationships. She contributes that, in any event, under 42 U.S.C. § 416(h)(1)(A) an applicant are an effective widow if the she would, ”beneath the regulations . . . [away from Puerto Rico] choosing this new devolution from intestate personal assets, have the same updates . . . because a spouse . . . [or] widow. . . .” See essentially, Rombauer, Relationship Position and you can Eligibility to have Government Legal Income Benefits: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She claims your concubinage law from Puerto Rico gives their such as for example reputation.
We cannot take on appellant’s first disagreement. We all know you to some common laws jurisdictions recognize non-ceremonial otherwise ”common law marriage ceremonies.” This type of marriages are available from the concur of the events because the all other deal really beautiful Rodriguez girls. F.W. Kuchlar, Legislation of Engagement and you will Matrimony step 1-5 (2d ed. 1978); look for O.E. Koegel, Common law ent in america (1922). However, common-law marriage ceremonies commonly recognized in Puerto Rico. This new requisites regarding a valid wedding into the Puerto Rico are prepared forth when you look at the Blog post 69 of Civil Code, 29 L.Good. § 231. Incorporated of the requisites is the ”[a]uthorization and event from a great matrimonial package according to forms and solemnities prescribed for legal reasons.” On lack of these forms and solemnities, there’s no relationships. Rivera v. Section Legal regarding San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).
