P.R

The claimant applied for disabled widow’s insurance coverage pros into worker’s earnings number, nevertheless Secretary denied their application given that claimant didn’t meet the nine-week course-of-wedding requisite into the 42 You.S.C. 416(c). So it assertion are kept because of the district legal. The new claimant then appealed into the You.S. Judge off Appeals toward First Routine. The new court regarding appeals indexed that Puerto Rico does not accept common-laws marriages and that the prerequisites to possess setting up a valid marriage in the Puerto Rico are prepared onward during the Blog post 69 of the Municipal Code, 29 L.A. § 231. This new judge found that, in this instance, the needs of Blog post 69 was indeed demonstrably perhaps not came across 9 months ahead of the worker’s death. The fresh new court subsequent found that the claimant’s constitutional „equal protection“ assault with the nine-day years-of-matrimony requisite is incorrect not as much as Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The latest claimant together with argued that, because she try the latest worker’s concubine, she had a right below Puerto Rican legislation so you’re able to inherit regarding the new worker’s property once the his widow, and you will she shall be deemed become new widow of the staff less than 42 You.S.C GerГ§ek iГ§in Д°rlandalД± gelinleri. 416(h)(1)(A). The court out of is attractive unearthed that, less than Puerto Rican law, good concubine out-of a member of staff possess a directly to a share of the house obtained during the period of concubinage however, really does n’t have a right to inherit a great widow’s display of one’s dry worker’s intestate individual property. For this reason, the fresh claimant cannot getting deemed to get the widow of new staff significantly less than 42 You.S.C. 416(h)(1)(A) from the application of legislation from Puerto Rico for the intestate sequence. Inside maintaining new region court’s choice affirming the new Secretary’s assertion out of so it allege having widow’s professionals, new court from appeals kept that claimant was not titled in order to gurus since handicapped widow of personnel.

Appellant Esther Ayuso Morales needed Public Coverage handicap masters based upon their own standing due to the fact „widow“ of covered employee Honorio Montanez Figueroa. Under 42 You.S.C. § 416(c) to be considered since the a „widow“ a lady need started partnered for at least 9 weeks during the time of her husband’s passing. Appellant’s wedding occurred during the nine-few days several months. Masters was declined.

She contended one, once the she together with staff had cohabited to possess 20 years previous into big date of the ceremonial wedding, the cohabitation got switched the matchmaking on the a legal relationship better through to the 9-week months

With the desire, she cravings you to she actually is however qualified due to the fact she cohabited that have their unique spouse having 20 years in advance of the relationships. She adds that, anyway, significantly less than 42 You.S.C. § 416(h)(1)(A) a candidate was a great widow when the she’d, „in statutes . . . [out of Puerto Rico] choosing the fresh new devolution off intestate private property, have a similar status . . . just like the a spouse . . . [or] widow. . . .“ Discover essentially, Rombauer, Marital Updates and you may Qualification to have Federal Legal Income Positives: A historical Survey, 52 Wash.L.Rev. 227, 257 et. seq. (1977). She says the concubinage law of Puerto Rico gives their own such as for instance reputation.

We simply cannot accept appellant’s very first conflict. We understand that some traditional law jurisdictions know non-ceremonial otherwise „common-law marriages.“ These types of marriages were created because of the agree of the parties because all other bargain. F.W. Kuchlar, Legislation out of Involvement and you may Marriage step one-5 (2d ed. 1978); pick O.Age. Koegel, Common-law ent in the usa (1922). However, common-law marriage ceremonies aren’t accepted inside the Puerto Rico. The new requisites off a valid relationship in Puerto Rico are prepared forth inside Article 69 of one’s Municipal Password, 30 L.A good. § 231. Provided of these requisites ’s the „[a]uthorization and you can occasion away from a great matrimonial bargain according to forms and you can solemnities recommended by law.“ From the lack of this type of forms and you will solemnities, there is zero matrimony. Rivera v. Region Court off San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).