P.R
Brand new claimant removed handicapped widow’s insurance coverage advantages into worker’s money record, but the Secretary declined their unique application since claimant don’t meet up with the 9-month years-of-marriage needs into the 42 U.S.C. 416(c). So it denial was upheld from the district judge. Brand new claimant next appealed with the U.S. Legal regarding Is attractive with the Earliest Routine. The court regarding is attractive indexed you to definitely Puerto Rico will not know common-legislation marriage ceremonies hence the needs to own setting-up a valid matrimony inside Puerto Rico are set forward for the Article 69 of one’s Municipal Password, 30 L.A. § 231. The newest court learned that, in this instance, the needs of Article 69 was indeed clearly not met nine months ahead of the worker’s passing. The fresh court further unearthed that new claimant’s constitutional “equal defense” attack for the nine-month course-of-wedding requirements was incorrect lower than Weinberger v. Salfi, 422 U.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 newest claimant including contended that, because she are the newest worker’s concubine, she had the right around Puerto Rican law so you can inherit away from the fresh worker’s home as their widow, and you can she can be deemed to-be new widow of the staff member around 42 U.S.C. 416(h)(1)(A). New legal off is attractive unearthed that, significantly less than Puerto Rican law, a beneficial concubine off an employee provides a directly to a percentage of the property received during the period of concubinage but do n’t have a right to inherit good widow’s show of one’s deceased worker’s intestate private possessions. Thus, the newest claimant couldn’t become deemed become brand new widow out of brand new staff not as much as 42 You.S.C. 416(h)(1)(A) of the application of the law away from Puerto Rico into intestate series. During the maintaining the new region court’s decision affirming the latest Secretary’s denial of which claim to own widow’s advantages, the fresh new legal from appeals stored your claimant was not titled so you can experts since the disabled widow of your staff.
Appellant Esther Ayuso Morales found Social Security disability gurus reliant her reputation because the “widow” of your covered staff member Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) to help you meet the requirements once the a good “widow” a female need to have come partnered for at least nine days during the time of her husband’s demise. Appellant’s relationships occurred within the nine-day period. Pros was refused.
She argued you to definitely, just like the she in addition to personnel had cohabited to possess two decades early in the day on time of their ceremonial relationship, its cohabitation got switched their dating towards a legal matrimony better before the 9-week several months
Toward appeal, she urges one to she is however eligible because she cohabited having their spouse to have 2 decades before their matrimony. She contributes one, in any event, less than 42 U.S.C. § 416(h)(1)(A) a candidate try a beneficial widow if the she’d, “beneath the laws . . . [from Puerto Rico] determining this new devolution regarding intestate private property, have the same standing . . . while the a spouse . guyanese sexy women . . [or] widow. . . .” Look for basically, Rombauer, Marital Position and you will Qualification getting Federal Statutory Income Pros: An ancient Survey, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She claims the concubinage rules out of Puerto Rico provides their particular including updates.
We cannot undertake appellant’s very first conflict. We understand you to definitely some typically common laws jurisdictions recognize non-ceremonial or “common-law marriages.” This type of marriages are formulated of the agree of the events since the any kind of deal. F.W. Kuchlar, Laws regarding Involvement and Marriage 1-5 (2d ed. 1978); pick O.Age. Koegel, Common-law ent in the usa (1922). However, common law marriage ceremonies commonly accepted within the Puerto Rico. The newest requisites regarding a valid wedding in the Puerto Rico are prepared ahead into the Post 69 of the Municipal Password, 29 L.An effective. § 231. Integrated of those requisites ‘s the “[a]uthorization and you can affair of a matrimonial offer with respect to the versions and solemnities prescribed for legal reasons.” Regarding the absence of these types of forms and solemnities, there was zero matrimony. Rivera v. Region Legal of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).