S.C
The fresh new claimant applied for disabled widow’s insurance rates professionals to your worker’s income record, although Assistant denied their own app as claimant failed to meet up with the 9-month years-of-matrimony criteria inside the 42 You. 416(c). Which assertion try kept by the section judge. The brand new claimant after that appealed into You.S. Judge out-of Is attractive for the First Routine. The legal out of appeals listed one Puerto Rico does not admit common-law marriages and therefore the needs to possess establishing a legitimate marriage when you look at the Puerto Rico are ready onward from inside the Blog post 69 of your Municipal Password, 29 L.P.R.An effective. § 231. The fresh new court unearthed that, in this instance, the needs of Article 69 was in fact clearly maybe not fulfilled 9 months ahead of the worker’s dying. The brand new legal subsequent found that the fresh claimant’s constitutional “equal security” attack into the 9-month years-of-marriage needs are incorrect around Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 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 in addition to argued one, because the she was brand new worker’s concubine, she had the right under Puerto Rican legislation in order to inherit from the latest worker’s estate as the their widow, and you may she are going to be considered are new widow of the worker not as much as 42 You. 416(h)(1)(A). Brand new courtroom of is attractive found that, significantly less than Puerto Rican laws, a concubine out of a worker has a right to a percentage of the home gotten during the period of concubinage but really does not have a straight to inherit good widow’s show of your own dry worker’s intestate personal property. Hence, the latest claimant could not become considered to-be the brand new widow of brand new staff significantly less than 42 U. 416(h)(1)(A) because of the applying of regulations off Puerto Rico towards intestate sequence. When you look at the upholding the fresh new region court’s decision affirming the brand new Secretary’s assertion out-of which claim to have widow’s experts, new judge of is attractive held the claimant was not entitled in order to benefits due to the fact disabled widow of your staff member.
She debated that, while the she and also the staff member got cohabited having 20 years earlier in the day on big date of their ceremonial matrimony, their cohabitation got turned its dating into the a legal relationship well before nine-day months
Appellant Esther Ayuso Morales sought for Personal Cover handicap positives established their own condition since “widow” of covered staff Honorio Montanez Figueroa. Less than 42 U. § 416(c) so you’re able to meet the requirements as good “widow” a female need been hitched for around nine days during the time of their particular partner’s death. Appellant’s matrimony occurred during the 9-month months. Masters were denied.
To your interest, she cravings that the woman is nevertheless eligible just like the she cohabited that have their particular husband for two decades ahead of its matrimony. She adds you to, anyway, under 42 U. § 416(h)(1)(A) a candidate are a widow if the she would, “beneath the laws and regulations . . . [out of Puerto Rico] determining new devolution out-of intestate individual possessions, have the same reputation . . . while the a spouse . . . [or] widow. melhores lugares online para conhecer mulheres reais. . .” Pick generally, Rombauer, Marital Updates and you will Qualifications to own Government Legal Money Advantages: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She claims that the concubinage law of Puerto Rico gets her such as for example condition.
We cannot deal with appellant’s very first argument. We all know one some traditional legislation jurisdictions recognize non-ceremonial otherwise “common-law marriage ceremonies.” Such marriage ceremonies were created by concur of one’s people as various other contract. F.W. Kuchlar, Law of Engagement and you may Relationship step 1-5 (2d ed. 1978); find O.Elizabeth. Koegel, Common-law ent in america (1922). However, common law marriage ceremonies commonly accepted inside the Puerto Rico. The newest requisites regarding a valid relationships when you look at the Puerto Rico are prepared forth from inside the Blog post 69 of Municipal Code, 31 L.P.Roentgen.A. § 231. Integrated of these requisites is the “[a]uthorization and you will occasion from a great matrimonial bargain with respect to the forms and you may solemnities recommended by-law.” Regarding lack of this type of forms and you may solemnities, discover zero wedding. Rivera v. Region Legal out of San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).