S.C
The latest claimant removed handicapped widow’s insurance rates professionals on the worker’s earnings record, although Assistant refuted their unique software as claimant did not meet with the 9-week course-of-relationship needs during the 42 You. 416(c). That it assertion are kept by area legal. This new claimant after that appealed for the U.S. Court from Is attractive to the Very first Routine. The fresh new courtroom away from appeals noted that Puerto Rico doesn’t admit common-laws marriages and that the requirements for setting-up a legitimate marriage when you look at the Puerto Rico are ready onward for the Post 69 of your own Municipal Code, 30 L.P.Roentgen.Good. § 231. The latest courtroom found that, in this case, the needs of Blog post 69 had been obviously maybe not met 9 weeks prior to the worker’s dying. The latest legal after that unearthed that the latest claimant’s constitutional «equivalent shelter» attack for the 9-day years-of-relationships criteria are incorrect under Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you will Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). This new claimant including argued you to, as she was brand new worker’s concubine, she got a right around Puerto Rican legislation in order to inherit out-of the new worker’s home as his widow, and you will she would be deemed to get the fresh widow of the staff member under 42 U. 416(h)(1)(A). The judge out of appeals discovered that, under Puerto Rican rules, a good concubine out-of an employee features a straight to a portion of the property obtained during the period of concubinage but do not have a directly to inherit an effective widow’s express of one’s inactive worker’s intestate private possessions. Hence, this new claimant cannot end up being deemed become the widow from the new worker not as much as 42 U. 416(h)(1)(A) from the applying of legislation out-of Puerto Rico to the intestate series. During the maintaining new district court’s decision affirming the newest examinar o site Secretary’s assertion of it allege having widow’s masters, the fresh judge away from appeals stored that the claimant wasn’t entitled so you’re able to gurus as handicapped widow of your own staff member.
She debated one to, due to the fact she additionally the employee got cohabited having two decades earlier in the day towards the date of the ceremonial wedding, their cohabitation got transformed its relationships into the a legal relationships well up until the nine-month period
Appellant Esther Ayuso Morales sought for Public Coverage impairment benefits reliant their own status since the «widow» of one’s covered staff Honorio Montanez Figueroa. Lower than 42 You. § 416(c) to be considered as an excellent «widow» a woman need to have become hitched for at least 9 months at the time of their partner’s death. Appellant’s relationships took place for the 9-few days months. Professionals was indeed rejected.
Toward notice, she urges you to definitely she’s still qualified as she cohabited which have her partner to have twenty years just before the relationships. She adds you to, anyhow, below 42 You. § 416(h)(1)(A) a candidate is actually an effective widow if the she would, «in legislation . . . [from Puerto Rico] choosing the latest devolution out-of intestate private assets, have a similar condition . . . as the a spouse . . . [or] widow. . . .» Come across generally, Rombauer, Relationship Updates and you may Qualification having Government Legal Income Masters: An old Survey, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage rules off Puerto Rico gets their particular eg condition.
We can’t undertake appellant’s very first dispute. We understand you to definitely some common laws jurisdictions admit low-ceremonial or «common-law marriages.» This type of marriages are manufactured of the agree of your functions given that another price. F.W. Kuchlar, Law away from Engagement and you will Relationships 1-5 (2d ed. 1978); look for O.Elizabeth. Koegel, Common-law ent in the usa (1922). However, common law marriages are not recognized into the Puerto Rico. This new requisites off a valid relationship for the Puerto Rico are set onward within the Article 69 of the Civil Code, 29 L.P.R.A great. § 231. Provided among these requisites is the «[a]uthorization and you will event regarding an effective matrimonial deal depending on the variations and you may solemnities prescribed legally.» In the lack of these variations and you will solemnities, there is certainly no marriage. Rivera v. Region Legal from San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante 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).
