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The new claimant removed disabled widow’s insurance pros into the worker’s money listing, however the Assistant rejected their unique application as the claimant don’t meet the nine-week period-of-matrimony criteria within the 42 U. 416(c). That it assertion try kept by the region judge. The fresh new claimant next appealed into You.S. Court out-of Appeals into the Earliest Routine. Brand new courtroom regarding is attractive detailed one Puerto Rico does not know common-law marriages and therefore the needs to own establishing a legitimate relationships inside Puerto Rico are set forward for the Blog post 69 of your own Municipal Code, 30 L.P.R.A great. § 231. New court unearthed that, in cases like this, the requirements of Article 69 was basically clearly not satisfied nine days before the worker’s dying. New legal after that unearthed that the claimant’s constitutional “equivalent protection” assault for the nine-few days stage-of-marriage requisite is actually incorrect lower than 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, fifty L.Ed.2d 389 (1976). The fresh new claimant and argued that, while the she is actually the fresh new worker’s concubine, she got the right significantly less than Puerto Rican law so you’re able to inherit off new worker’s house while the their widow, and you can she shall be considered becoming the brand new widow of one’s worker around 42 U. 416(h)(1)(A). The fresh new court from is attractive unearthed that, less than Puerto Rican laws, an effective concubine away from a member of staff enjoys a straight to a share of the home acquired over the course of concubinage however, does not have a right to inherit good widow’s share of your own lifeless worker’s intestate individual property. Ergo, brand new claimant cannot end up being considered to-be the brand new widow from new worker under 42 U. 416(h)(1)(A) by the application of legislation regarding Puerto Rico into the intestate series. For the maintaining the brand new area court’s decision affirming the brand new Secretary’s assertion out-of it claim to possess widow’s professionals, the latest legal out of appeals kept your claimant was not named so you can experts since disabled widow of one’s staff.
She debated you to definitely, while the she in addition to staff member got cohabited having 2 decades early in the day toward day of their ceremonial relationships, the cohabitation got transformed their relationship toward a legal relationship better through to the nine-times months
Appellant Esther Ayuso Morales tried Societal Safeguards handicap advantages depending Georgiana mulheres para venda their standing because “widow” of one’s covered staff Honorio Montanez Figueroa. Significantly less than 42 You. § 416(c) to help you be considered while the a great “widow” a woman need to have been married for at least 9 weeks at the time of their unique partner’s passing. Appellant’s matrimony happened during the nine-times period. Benefits were refuted.
To your attract, she urges you to she’s however eligible because the she cohabited which have their partner getting 20 years in advance of their wedding. She contributes one, anyway, below 42 You. § 416(h)(1)(A) a candidate try a great widow if the she would, “beneath the laws and regulations . . . [off Puerto Rico] deciding new devolution away from intestate individual property, have a similar condition . . . once the a spouse . . . [or] widow. . . .” Select generally, Rombauer, Marital Status and Qualifications getting Government Statutory Income Gurus: An old Survey, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She states that the concubinage law out of Puerto Rico provides their for example status.
We can not accept appellant’s first conflict. We realize one to some traditional laws jurisdictions admit low-ceremonial otherwise “common-law marriage ceremonies.” These marriages are created by consent of one’s activities while the every other deal. F.W. Kuchlar, Law of Involvement and Matrimony 1-5 (2d ed. 1978); discover O.Elizabeth. Koegel, Common law ent in america (1922). But common law marriage ceremonies commonly approved inside the Puerto Rico. The fresh requisites away from a valid wedding when you look at the Puerto Rico are ready forth during the Post 69 of one’s Municipal Password, 31 L.P.Roentgen.An excellent. § 231. Integrated of the requisites ‘s the “[a]uthorization and event from a matrimonial offer with respect to the versions and solemnities given by-law.” On absence of these variations and you can solemnities, there is zero wedding. Rivera v. District Legal from San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio en derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-several (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).
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