S.C

The fresh claimant taken out handicapped widow’s insurance advantages to the worker’s income list, nevertheless Assistant denied her application since claimant don’t meet up with the nine-week period-of-relationship criteria in the 42 You. 416(c). This denial is upheld because of the district judge. This new claimant next appealed toward U.S. Courtroom out-of Is attractive on the Earliest Routine. The brand new court out of appeals listed you to definitely Puerto Rico doesn’t know common-rules marriage ceremonies which the requirements to own installing a valid matrimony inside the Puerto Rico are ready forward during the Blog post 69 of your own Civil Password, 30 L.P.R.A beneficial. § 231. The brand new court unearthed that, in this case, the requirements of Article 69 were certainly perhaps not met nine days ahead of the worker’s demise. The fresh new judge further discovered that the latest claimant’s constitutional “equivalent defense” assault for the nine-times period-of-matrimony needs try invalid significantly less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you will Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The new claimant together with debated you to definitely, just like the she are the newest worker’s concubine, she got a right under Puerto Rican laws to inherit out-of the newest worker’s home due to the fact their widow, and you will she will likely be deemed becoming the newest widow of the employee significantly less than 42 U. 416(h)(1)(A). The fresh court away from is attractive discovered that, under Puerto Rican rules, a good concubine regarding a member of staff keeps a directly to a portion of the house received over the course of concubinage but do not have a right to inherit a widow’s express of one’s deceased worker’s intestate private possessions. Hence, new claimant could not feel considered are the fresh widow regarding the newest worker under 42 You. 416(h)(1)(A) of the application of regulations out-of Puerto Rico towards intestate series. Into the upholding the region court’s decision affirming the newest Secretary’s assertion regarding so it allege to possess widow’s positives, new judge out-of appeals kept your claimant was not named so you’re able to pros given that disabled widow of your personnel.

She debated you to, just like the she and the employee got cohabited for 20 years early in the day to your date of their ceremonial relationship, its cohabitation had turned its dating to your an appropriate wedding better till the 9-week period

Appellant Esther Ayuso Morales wanted Public Security handicap positives dependent their own condition due to the fact “widow” of the covered staff Honorio Montanez Figueroa. Less than 42 You. § 416(c) to meet the requirements once the good “widow” a female must have already been hitched for around nine days during their own husband’s death. Appellant’s marriage occurred during the nine-week several months. Experts had been denied.

Into notice, she appetite you to she actually is nevertheless eligible as she cohabited that have their own spouse getting two decades prior to the wedding. She contributes that, anyway, not as much as 42 You. § 416(h)(1)(A) a candidate try a good widow in the event the she would, “underneath the regulations . . . [of Puerto Rico] choosing the fresh new devolution of intestate individual possessions, have a similar reputation . . . given that a spouse . . . [or] widow. . . .” Select essentially, Rombauer, Marital Position and you will Eligibility getting Federal Statutory Income Advantages: An old Survey, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage rules away from Puerto Rico brings their unique such reputation.

We can not take on appellant’s first disagreement. We understand one to some traditional law jurisdictions recognize low-ceremonial otherwise “common-law marriage ceremonies.” These marriages were created from the agree of parties as the any other deal. F.W. Kuchlar, Legislation out-of Wedding and you can Wedding step 1-5 (2d ed. 1978); find O.Age. Koegel kissbrides.com verificar este site, Common law ent in america (1922). However, common law marriage ceremonies are not accepted in the Puerto Rico. The requisites of a legitimate relationships from inside the Puerto Rico are set forth during the Post 69 of your own Civil Code, 31 L.P.Roentgen.A great. § 231. Provided among these requisites ‘s the “[a]uthorization and you may celebration out of an excellent matrimonial offer according to variations and you may solemnities recommended by law.” From the absence of these variations and you will solemnities, there is no wedding. Rivera v. District Court from San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).