S.C
Brand new claimant taken out handicapped widow’s insurance policies benefits towards worker’s money list, but the Secretary refuted their own software just like the claimant did not meet the nine-month course-of-wedding requirements from inside the 42 You. 416(c). Which assertion is actually kept by area courtroom. The claimant then appealed on U.S. Court out-of Appeals on the Basic Circuit. The new judge out of is attractive noted one to Puerto Rico will not know common-laws marriage ceremonies and this certain requirements for setting-up a legitimate marriage inside the Puerto Rico are ready forth when you look at the Article 69 of your Municipal Code, 29 L.P.R.An effective. § 231. The newest judge discovered that, in this case, the requirements of Article 69 was clearly perhaps not found 9 days prior to the worker’s passing. The brand new court subsequent unearthed that the fresh claimant’s constitutional “equal cover” attack to the nine-week duration-of-relationships requirement was invalid below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five 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 new claimant and additionally debated that, since she is actually the brand new worker’s concubine, she had a right under Puerto Rican law to help you inherit out of the newest worker’s house as the his widow, and you may she shall be considered is brand new widow of one’s personnel under 42 U. 416(h)(1)(A). The newest courtroom out-of appeals learned that, below Puerto Rican law, good concubine from an employee enjoys a directly to a portion of the property received throughout concubinage but does not have a straight to inherit a beneficial widow’s express of lifeless worker’s intestate personal assets. Ergo, the fresh new claimant cannot be considered as the latest widow out of brand new staff member less than 42 U. 416(h)(1)(A) of the applying of what the law states of Puerto Rico towards the intestate sequence. During the upholding the newest region court’s choice affirming brand new Secretary’s denial from this claim to own widow’s advantages, the fresh new judge out of is attractive stored that claimant was not titled to help you professionals as handicapped widow of your own employee.
She contended you to definitely, while the she and the employee had cohabited getting twenty years early in the day for the big date of its ceremonial relationship, the cohabitation got switched its relationships with the an appropriate matrimony better through to the 9-week period
Appellant Esther Ayuso Morales sought for Personal Cover disability advantages established their unique standing since the “widow” of your covered staff member Honorio Montanez Figueroa. Significantly less than 42 U. § 416(c) to help you qualify given that a beneficial “widow” a lady need come partnered for around 9 weeks at the time of their unique husband’s passing. Appellant’s relationships happened from inside the nine-few days period. Pros have been declined.
Into interest, she cravings that she actually is nonetheless eligible since she cohabited with their own partner for 2 decades before their relationship. She contributes that, anyway, around 42 U. § 416(h)(1)(A) a candidate was good widow in the event that she would, “in laws . . . [out-of Puerto Rico] choosing the brand new devolution of intestate individual assets, have the same reputation . . . as the a wife . . . [or] widow. . . .” Come across generally, Rombauer, Relationship Reputation and you will Eligibility for Government Statutory Money Benefits: An ancient Questionnaire, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She claims that concubinage legislation out of Puerto Rico gets their for example updates.
We can’t accept appellant’s basic conflict. We all know one some traditional law jurisdictions know low-ceremonial otherwise “common-law marriage ceremonies.” Such marriages are available by consent of one’s parties once the various other price. F.W. Kuchlar, Legislation from Wedding and Wedding 1-5 (2d ed. 1978); pick O.Elizabeth. Koegel, Common-law ent in the united states (1922). However, common law marriages aren’t acknowledged from inside the Puerto Rico. The requisites of a legitimate matrimony during the Puerto Rico are prepared onward inside Article 69 of Civil Password, 30 L.P.Roentgen.A good. § 231. Integrated of those requisites is the “[a]uthorization and you may occasion regarding an effective matrimonial bargain depending on the variations and you will solemnities prescribed for legal reasons.” Regarding the lack of these types of forms and you may solemnities, discover mulheres Costa Rica zero relationship. Rivera v. District Judge away from San Juan, 58 P.Roentgen.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). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).