P.R
The brand new claimant removed disabled widow’s insurance advantages to the worker’s earnings list, but the Assistant rejected her app given that claimant failed to meet with the nine-few days cycle-of-marriage demands for the 42 U.S.C. 416(c). This assertion are upheld by section legal. The fresh claimant upcoming appealed on You.S. Judge from Appeals to your Basic Routine. The fresh courtroom away from is attractive detailed one Puerto Rico does not accept common-legislation marriage ceremonies and this the prerequisites having creating a legitimate wedding within the Puerto Rico are prepared onward from inside the Post 69 of Civil Password, 29 L.A. § 231. The courtroom found that, in this instance, the requirements of Article 69 have been certainly maybe not met 9 weeks prior to the worker’s passing. This new courtroom subsequent discovered that the newest claimant’s constitutional “equal cover” assault towards the 9-week duration-of-relationships requirements was invalid less 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 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The new claimant including argued you to definitely, while the she was new worker’s concubine, she had the right less than Puerto Rican legislation to inherit regarding this new worker’s home as the his widow, and you may she is deemed to be the newest widow of one’s staff below 42 You.S.C. 416(h)(1)(A). The fresh legal out of is attractive unearthed that, less than Puerto Rican laws, an effective concubine from a member of staff has a directly to a share of the home obtained during the period of concubinage however, really does not have a right to inherit a great widow’s display of one’s dead worker’s intestate personal assets. Hence, the fresh claimant could not getting deemed is the widow of this new personnel under 42 You.S.C. 416(h)(1)(A) because of the application of what the law states out of Puerto Rico towards intestate succession. When you look at the maintaining new region court’s decision affirming the fresh new Secretary’s denial out-of this claim to possess widow’s positives https://gorgeousbrides.net/no/latin-beauty-date/, new legal regarding appeals kept that claimant wasn’t called to help you advantages while the handicapped widow of the worker.
Appellant Esther Ayuso Morales wanted Societal Security disability positives reliant their particular status because the “widow” of one’s covered staff Honorio Montanez Figueroa. Less than 42 U.S.C. § 416(c) in order to meet the requirements as a great “widow” a woman have to have been hitched for at least nine weeks during her husband’s demise. Appellant’s wedding took place during the 9-times months. Experts was basically declined.
She argued you to, since the she while the personnel got cohabited getting two decades past on the time of the ceremonial relationships, its cohabitation had switched its matchmaking on the a legal relationships really before 9-month period
Towards interest, she cravings you to the woman is nevertheless qualified once the she cohabited that have their partner to possess two decades just before the relationship. She adds one to, anyhow, around 42 You.S.C. § 416(h)(1)(A) an applicant is actually a beneficial widow when the she would, “within the laws and regulations . . . [regarding Puerto Rico] determining this new devolution from intestate personal assets, have the same standing . . . since the a partner . . . [or] widow. . . .” Come across essentially, Rombauer, Marital Updates and you can Eligibility to own Government Statutory Earnings Positives: An ancient Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She states that the concubinage laws regarding Puerto Rico provides their own particularly condition.
We simply cannot take on appellant’s earliest conflict. We all know you to definitely some typically common rules jurisdictions acknowledge non-ceremonial otherwise “common law marriages.” These types of marriages were created because of the agree of your own parties once the almost every other offer. F.W. Kuchlar, Laws off Wedding and you will Marriage step 1-5 (2d ed. 1978); select O.Age. Koegel, Common-law ent in the us (1922). However, common-law marriages aren’t approved within the Puerto Rico. The fresh new requisites off a valid wedding from inside the Puerto Rico are set ahead in Post 69 of one’s Civil Password, 30 L.An effective. § 231. Incorporated of those requisites ‘s the “[a]uthorization and celebration off an effective matrimonial contract with regards to the versions and you can solemnities recommended by law.” From the lack of such versions and you will solemnities, discover no matrimony. Rivera v. Area Legal out of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).