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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). Continuarea →