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She contends you to definitely cohabitation switched their own dating into the an appropriate matrimony a long time before the new 9-few days period


The new claimant applied for handicapped widow’s insurance coverage benefits towards the worker’s income listing, nevertheless the Assistant declined their own app due to the fact claimant did not meet up with the nine-day course-of-relationships criteria from inside the 42 U. 416(c). This denial is kept by the region court. The fresh new claimant then appealed toward U.S. Courtroom away from Appeals toward Basic Circuit. The newest legal out-of is attractive indexed that Puerto Rico cannot know common-legislation marriage ceremonies and that what’s needed for installing a valid marriage from inside the Puerto Rico are ready ahead within the Post 69 of Municipal Code, 30 L.P.R.An effective. § 231. Brand new court found that, in this situation, the requirements of Post 69 have been certainly maybe not found 9 weeks prior to the worker’s dying. The new legal subsequent unearthed that the brand new claimant’s constitutional “equal defense” assault to your nine-times course-of-relationship specifications is actually invalid under Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you can Mathews v. de Castro flertando emoji para ela, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The brand new claimant in addition to argued one, given that she is actually the newest worker’s concubine, she had a right below Puerto Rican laws so you can inherit out of the fresh new worker’s home as the his widow, and you will she are considered become the new widow of worker lower than 42 U. 416(h)(1)(A). New judge out-of is attractive found that, below Puerto Rican legislation, a concubine from a worker keeps a straight to a portion of the property obtained over the course of concubinage but really does not have a directly to inherit an excellent widow’s display of the inactive worker’s intestate individual possessions. Hence, brand new claimant cannot be deemed to-be the fresh new widow of the fresh new staff below 42 U. 416(h)(1)(A) because of the application of legislation of Puerto Rico on the intestate sequence. Inside the upholding new region court’s choice affirming the fresh new Secretary’s denial off so it allege getting widow’s pros, the new courtroom of appeals kept the claimant was not titled so you can masters because the handicapped widow of the staff.

She contended one, because the she and worker got cohabited to possess 20 years previous on date of their ceremonial matrimony, their cohabitation got transformed their relationship towards a legal wedding well till the nine-week several months

Appellant Esther Ayuso Morales sought for Social Shelter disability advantages depending their particular status just like the “widow” of the insured employee Honorio Montanez Figueroa. Around 42 U. § 416(c) in order to be considered while the good “widow” a woman should have been hitched for at least 9 months during her husband’s death. Appellant’s wedding taken place inside the 9-day months. Professionals was indeed refuted.

Towards focus, she cravings you to she actually is however eligible while the she cohabited with their particular partner to own 2 decades prior to their matrimony. She adds you to definitely, in any event, less than 42 You. § 416(h)(1)(A) an applicant was a great widow if the she would, “within the laws and regulations . . . [regarding Puerto Rico] choosing the new devolution away from intestate private assets, have the same standing . . . as a wife . . . [or] widow. . . .” Select generally, Rombauer, Relationship Position and you can Qualification to possess Federal Legal Money Experts: An ancient Questionnaire, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that the concubinage laws regarding Puerto Rico brings their for example updates.

We cannot accept appellant’s earliest dispute. We all know one some typically common laws jurisdictions know low-ceremonial or “common law marriage ceremonies.” Such marriage ceremonies were created because of the concur of your own events due to the fact another package. F.W. Kuchlar, Rules from Wedding and you can Relationships step one-5 (2d ed. 1978); select O.Age. Koegel, Common-law ent in america (1922). But common-law marriages aren’t accepted in the Puerto Rico. New requisites from a legitimate relationships in Puerto Rico are set forth inside Article 69 of Civil Password, 30 L.P.R.An effective. § 231. Incorporated of those requisites is the “[a]uthorization and you can occasion of a matrimonial package with regards to the models and you may solemnities recommended for legal reasons.” In the absence of these types of variations and you can solemnities, there can be zero matrimony. Rivera v. Region Judge out-of 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-twelve (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).

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