P.Roentgen
Brand new claimant applied for handicapped widow’s insurance coverage pros for the worker’s income record, nevertheless Assistant rejected their particular software since the claimant did not meet the nine-day duration-of-relationships criteria into the 42 U.S.C. 416(c). Which assertion are kept of the section courtroom. The claimant next appealed on the You.S. Courtroom away from Is attractive into the First Circuit. The fresh new legal out of is attractive detailed you to Puerto Rico will not recognize common-legislation marriages and that the needs getting setting-up a valid marriage in Puerto Rico are prepared onward during the Article 69 of one’s Municipal Password, 31 L.A great. § 231. The brand new legal unearthed that, in this case, the needs of Article 69 have been obviously perhaps not came across nine months prior to the worker’s demise. Brand new court then found that the brand new claimant’s constitutional “equal protection” assault into 9-day cycle-of-relationships requisite was invalid significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The fresh claimant in addition to contended you to definitely, just like the she try the fresh new worker’s concubine, she had a right less than Puerto Rican laws to help you inherit from the worker’s home because their widow, and you can she is deemed are the fresh widow of staff not as much as 42 U.S.C. 416(h)(1)(A). The newest legal from is attractive found that, not as much as Puerto Rican laws, good concubine out of a worker enjoys a right to a percentage of the property obtained throughout concubinage but really does n’t have a directly to inherit an effective widow’s share of your dead worker’s intestate private possessions. Therefore, the claimant cannot be considered to be the latest widow out-of the newest personnel lower than 42 U.S.C. 416(h)(1)(A) of the application of regulations of Puerto Rico toward intestate succession. From inside the maintaining brand new section court’s choice affirming the Secretary’s assertion away from so it allege for widow’s pros, this new court out of appeals stored that the claimant was not titled so you can advantages since the handicapped widow of the staff.
Appellant Esther Ayuso Morales needed Social Safeguards disability gurus reliant their own updates since the “widow” of insured worker Honorio Montanez Figueroa. Significantly less than 42 U.S.C. § 416(c) so you can qualify due to the fact a great “widow” a lady need been married for at least nine days during the time of her partner’s death. Appellant’s matrimony took place in 9-month months. Experts was basically refused.
She contended that, due to the fact she therefore the personnel had cohabited to have 20 years previous toward big date of the ceremonial relationships, its cohabitation got switched their relationship to the an appropriate matrimony well before the nine-times period
To your focus, she appetite one to this woman is nonetheless qualified because the she cohabited with their unique spouse to possess twenty years prior to their relationship. She adds you to, in any event, under 42 U.S.C. § 416(h)(1)(A) a candidate was a beneficial widow if the she’d, “within the guidelines . . . [out of Puerto Rico] deciding the newest devolution out-of intestate private possessions, have a similar standing . . . because the a partner . . . [or] widow. . . .” Find fundamentally, Rombauer, Marital Standing and you may Qualifications having Government Statutory Money Advantages: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states that concubinage laws of Puerto Rico gives their own such as for example updates.
We can not take on appellant’s very first argument. We realize one some typically common law jurisdictions know low-ceremonial otherwise “common-law marriage ceremonies.” This type of marriages are formulated because of the agree of your activities as any offer. F.W. Kuchlar, Law regarding Engagement and you can Matrimony 1-5 (2d ed. 1978); come across O.E. Koegel, Common law ent in the united states (1922). But common law marriages are not accepted in the Puerto Rico. The newest requisites away from a legitimate relationship within the Puerto Rico are prepared forth inside Article 69 of Civil Password, 31 L.A. § 231. Integrated of these requisites is the “[a]uthorization and you may occasion out-of good matrimonial offer with respect to the variations and you may solemnities recommended legally.” On lack of these types of versions and you may solemnities, there is no relationship. Rivera v. Region Legal off San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, Bravo Date kaydД± 510-twelve (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).