P.Roentgen
The latest claimant removed handicapped widow’s insurance masters into worker’s earnings checklist, but the Secretary denied her app due to the fact claimant did not meet up with the nine-week cycle-of-relationship requisite in 42 You.S.C. 416(c). It denial are upheld by district judge. The claimant following appealed into You.S. Courtroom from Appeals to the Very first Routine. New judge regarding appeals detailed you to definitely Puerto Rico does not recognize common-law marriages and that certain requirements getting installing a legitimate relationships from inside the Puerto Rico are set forth inside the Article 69 of your own Municipal Code, 29 L.A beneficial. § 231. The new court discovered that, in this case, the requirements of Article 69 have been demonstrably maybe not met nine weeks ahead of the worker’s death. This new judge then found that the fresh new claimant’s constitutional “equal shelter” assault for the 9-few days cycle-of-wedding needs is invalid around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). Brand new claimant along with contended that, as the she try this new worker’s concubine, she had the right around Puerto Rican legislation in order to inherit out of the newest worker’s house as the their widow, and you may she is deemed to get the widow of your staff member under 42 You.S.C. 416(h)(1)(A). New courtroom of appeals discovered that, around Puerto Rican laws, an excellent concubine of a member of staff keeps a straight to a percentage of the property gotten during the period of concubinage but do n’t have a straight to inherit a good widow’s express of your lifeless worker’s intestate personal assets. For this reason, this new claimant couldn’t be deemed are the latest widow away from new worker below 42 You.S.C. 416(h)(1)(A) from the applying of regulations off Puerto Rico toward intestate series. Inside maintaining the newest district court’s choice affirming the fresh new Secretary’s denial away from which claim to own widow’s masters, the brand new courtroom brud vietnamesisk out of appeals kept that the claimant wasn’t called to help you pros just like the disabled widow of employee.
Appellant Esther Ayuso Morales found Social Shelter impairment gurus centered their position once the “widow” of the covered staff Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) so you’re able to be considered as the good “widow” a lady should have been married for at least 9 months during her husband’s dying. Appellant’s matrimony took place inside 9-month period. Pros was indeed rejected.
She argued you to, given that she together with worker got cohabited to own two decades earlier on the day of the ceremonial marriage, its cohabitation had turned its relationships with the a legal marriage well till the nine-times several months
Toward focus, she urges one she is nevertheless qualified given that she cohabited with her husband for 2 decades in advance of their relationships. She adds one to, anyway, not as much as 42 U.S.C. § 416(h)(1)(A) an applicant is actually a good widow in the event the she would, “beneath the rules . . . [from Puerto Rico] choosing the fresh devolution out of intestate personal possessions, have a similar status . . . as the a partner . . . [or] widow. . . .” Find fundamentally, Rombauer, Relationship Position and you may Qualification getting Government Legal Money Gurus: An ancient Survey, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She says the concubinage law out of Puerto Rico offers their particular such as reputation.
We can’t accept appellant’s basic conflict. We know you to some common law jurisdictions admit low-ceremonial otherwise “common law marriages.” This type of marriage ceremonies are made of the agree of the events as various other deal. F.W. Kuchlar, Laws out-of Involvement and Matrimony step one-5 (2d ed. 1978); find O.Elizabeth. Koegel, Common law ent in the united states (1922). But common law marriages commonly accepted when you look at the Puerto Rico. New requisites away from a legitimate wedding inside Puerto Rico are set ahead from inside the Article 69 of one’s Civil Password, 29 L.An effective. § 231. Provided among these requisites ‘s the “[a]uthorization and you may celebration away from a matrimonial offer according to forms and you will solemnities prescribed for legal reasons.” From the lack of these variations and you will solemnities, there clearly was no relationship. Rivera v. District Court away from San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).