P.Roentgen

The brand new claimant taken out handicapped widow’s insurance professionals TГјrk gelinleri to your worker’s income checklist, but the Secretary denied their unique application as claimant failed to meet up with the nine-day duration-of-relationship requisite when you look at the 42 U.S.C. 416(c). So it assertion was upheld of the area courtroom. This new claimant up coming appealed on You.S. Courtroom regarding Is attractive on Very first Circuit. The fresh courtroom out of appeals indexed one to Puerto Rico doesn’t admit common-law marriage ceremonies hence what’s needed having setting up a legitimate matrimony in the Puerto Rico are set forward during the Post 69 of one’s Civil Code, 29 L.A. § 231. Brand new legal discovered that, in such a case, the needs of Post 69 were obviously perhaps not fulfilled nine weeks ahead of the worker’s dying. This new legal after that discovered that the fresh new claimant’s constitutional “equal coverage” attack on 9-day period-of-relationship requirements is actually invalid significantly less than 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, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The latest claimant and additionally debated you to, given that she are the fresh new worker’s concubine, she had the right significantly less than Puerto Rican rules so you’re able to inherit from the latest worker’s estate because his widow, and you may she is going to be considered as brand new widow of your worker lower than 42 You.S.C. 416(h)(1)(A). The fresh courtroom regarding is attractive unearthed that, significantly less than Puerto Rican law, an effective concubine from a worker enjoys a directly to a percentage of the home gotten throughout concubinage but does n’t have a directly to inherit a good widow’s show of deceased worker’s intestate personal property. Therefore, the fresh new claimant cannot getting considered become brand new widow out of the newest employee under 42 U.S.C. 416(h)(1)(A) by the applying of regulations of Puerto Rico into the intestate series. Into the upholding the latest district court’s choice affirming the brand new Secretary’s denial out of it claim having widow’s masters, the fresh new court off appeals held that claimant was not entitled in order to benefits since the handicapped widow of your own worker.

Appellant Esther Ayuso Morales needed Public Protection disability positives depending their position once the “widow” of your covered employee Honorio Montanez Figueroa. Significantly less than 42 You.S.C. § 416(c) to help you meet the requirements because the a good “widow” a woman need started married for around nine weeks at the time of their own partner’s passing. Appellant’s relationship took place during the 9-few days several months. Advantages had been denied.

She argued you to, just like the she as well as the employee had cohabited to possess two decades early in the day for the date of its ceremonial relationships, its cohabitation got switched the relationship to the a legal matrimony better until the 9-few days months

Into the focus, she appetite one she’s still qualified because the she cohabited having their spouse to possess 20 years prior to its wedding. She adds one to, in any event, significantly less than 42 You.S.C. § 416(h)(1)(A) a candidate are a beneficial widow when the she would, “beneath the rules . . . [regarding Puerto Rico] determining the brand new devolution off intestate personal possessions, have the same updates . . . just like the a spouse . . . [or] widow. . . .” Select generally, Rombauer, Relationship Updates and you may Qualification getting Federal Statutory Money Pros: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She states that concubinage law off Puerto Rico gets their eg standing.

We can not undertake appellant’s first dispute. We understand you to definitely some typically common law jurisdictions admit low-ceremonial or “common-law marriages.” These marriages are formulated because of the agree of your people because other contract. F.W. Kuchlar, Legislation off Engagement and you may Marriage step 1-5 (2d ed. 1978); come across O.E. Koegel, Common-law ent in the us (1922). However, common-law marriage ceremonies aren’t recognized in the Puerto Rico. The new requisites regarding a legitimate relationship inside the Puerto Rico are set ahead into the Blog post 69 of Civil Password, 29 L.A good. § 231. Provided of the requisites ‘s the “[a]uthorization and you will event of an effective matrimonial price depending on the models and solemnities recommended legally.” Regarding lack of these types of variations and you may solemnities, there can be no marriage. Rivera v. Region Judge regarding San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).