S.C
The fresh new claimant applied for disabled Гєnico Equadoriano mulheres em eua widow’s insurance coverage masters for the worker’s earnings listing, however the Assistant declined her app while the claimant did not meet up with the nine-week stage-of-relationship demands in 42 U. 416(c). So it denial is kept because of the area courtroom. The brand new claimant upcoming appealed towards the U.S. Legal out of Appeals towards Very first Circuit. The fresh new legal away from is attractive listed you to definitely Puerto Rico will not admit common-rules marriage ceremonies and therefore what’s needed for installing a legitimate relationship within the Puerto Rico are ready forward into the Article 69 of one’s Civil Code, 29 L.P.Roentgen.Good. § 231. The new courtroom discovered that, in this case, the needs of Blog post 69 were obviously perhaps not fulfilled nine months before the worker’s dying. The fresh judge subsequent unearthed that brand new claimant’s constitutional “equivalent safety” attack for the nine-week duration-of-wedding criteria is incorrect below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five 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). The new claimant in addition to contended you to, while the she is the fresh new worker’s concubine, she had the right significantly less than Puerto Rican legislation so you can inherit regarding the worker’s estate because his widow, and you can she is going to be deemed become brand new widow of your own employee below 42 U. 416(h)(1)(A). The latest legal away from appeals learned that, around Puerto Rican legislation, a great concubine from an employee have a straight to a percentage of the property received during the period of concubinage but really does n’t have a straight to inherit an excellent widow’s share of the dry worker’s intestate private property. Thus, the claimant cannot be considered becoming the latest widow out of the fresh new personnel less than 42 U. 416(h)(1)(A) because of the applying of legislation off Puerto Rico into intestate series. When you look at the maintaining the area court’s decision affirming the new Secretary’s denial from this allege having widow’s advantages, the fresh courtroom off appeals kept the claimant wasn’t titled in order to benefits once the handicapped widow of one’s employee.
She argued you to definitely, because the she additionally the personnel got cohabited to possess two decades earlier in the day toward go out of the ceremonial wedding, the cohabitation got switched their relationship to your an appropriate matrimony really before the 9-few days several months
Appellant Esther Ayuso Morales wanted Public Security handicap masters established their position given that “widow” of covered employee Honorio Montanez Figueroa. Under 42 U. § 416(c) so you’re able to meet the requirements because an effective “widow” a female need come hitched for at least 9 days during the time of their unique husband’s passing. Appellant’s wedding taken place from inside the nine-few days several months. Gurus have been denied.
On attract, she appetite you to definitely she is nevertheless qualified since the she cohabited that have their particular husband to own twenty years ahead of the relationships. She adds one, anyhow, less than 42 U. § 416(h)(1)(A) a candidate was a beneficial widow when the she would, “under the laws . . . [off Puerto Rico] choosing the latest devolution from intestate personal assets, have a similar standing . . . since a partner . . . [or] widow. . . .” See fundamentally, Rombauer, Marital Position and you will Qualification for Federal Statutory Income Benefits: An old Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She states that the concubinage legislation out-of Puerto Rico brings their unique such as for instance standing.
We simply cannot deal with appellant’s first argument. We understand one to some common rules jurisdictions know non-ceremonial otherwise “common law marriage ceremonies.” These types of marriages are created because of the consent of one’s parties as the various other deal. F.W. Kuchlar, Law out-of Wedding and you may Marriage step one-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common-law ent in america (1922). But common-law marriages are not acknowledged during the Puerto Rico. This new requisites out-of a valid matrimony within the Puerto Rico are ready onward inside the Blog post 69 of your Civil Password, 30 L.P.Roentgen.A. § 231. Provided of those requisites is the “[a]uthorization and you can celebration out-of a beneficial matrimonial contract depending on the versions and solemnities given for legal reasons.” From the lack of these versions and you may solemnities, there is zero matrimony. Rivera v. Region Judge regarding San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio en derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).