The fresh claimant removed handicapped widow’s insurance policies positives into worker’s earnings record, but the Secretary declined their particular app because claimant don’t meet the nine-day period-of-relationships demands during the 42 You.S.C. 416(c). It assertion is upheld by the district court. The newest claimant then appealed towards You.S.
Court off Is attractive to the Earliest Circuit. The fresh legal from appeals noted that Puerto Rico cannot recognize common-legislation marriages and that the requirements for starting a valid relationships in the Puerto Rico are set ahead for the Post 69 of the Municipal Password, 30 L.An excellent. § 231. New courtroom found that, in this instance, the needs of Article 69 had been demonstrably perhaps not satisfied 9 months prior to the worker’s passing. The newest legal after that learned that the claimant’s constitutional “equal protection” assault with the 9-day cycle-of-marriage requirements are incorrect less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you will Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). Brand new claimant in addition to contended you to, since the she are the worker’s concubine, she got the right below Puerto Rican law to inherit away from new worker’s property since the their widow, and you will she are going to be considered to-be this new widow of the staff significantly less than 42 U.S.C. 416(h)(1)(A). New courtroom out of is attractive found that, not as much as Puerto Rican rules, good concubine regarding an employee features a directly to a share of the house received during the period of concubinage however, does n’t have a right to inherit an excellent widow’s share of the deceased worker’s intestate private assets. For this reason, brand new claimant could gorgeousbrides.net GГҐ til dette nettstedet not end up being considered to be the brand new widow out of brand new staff not as much as 42 U.S.C. 416(h)(1)(A) because of the application of regulations regarding Puerto Rico on intestate sequence. In the maintaining the latest section court’s choice affirming the fresh new Secretary’s assertion away from so it allege having widow’s positives, the courtroom off appeals held that claimant wasn’t entitled so you can professionals as the disabled widow of the staff.Appellant Esther Ayuso Morales found Social Cover handicap benefits depending their particular position given that “widow” of one’s insured personnel Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) in order to meet the requirements due to the fact a good “widow” a female need to have become hitched for at least 9 months in the course of her husband’s death. Appellant’s relationship took place when you look at the 9-month period. Positives was declined.
Towards focus, she cravings one she’s still eligible just like the she cohabited which have their particular husband getting 2 decades prior to their marriage. She adds one to, anyhow, around 42 U.S.C. § 416(h)(1)(A) an applicant are an excellent widow if she would, “according to the regulations . . . [of Puerto Rico] determining the brand new devolution away from intestate individual property, have a similar position . . . once the a spouse . . . [or] widow. . . .” Look for essentially, Rombauer, Marital Standing and you may Eligibility getting Government Legal Earnings Positives: An ancient Questionnaire, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She says your concubinage rules regarding Puerto Rico brings their unique such as position.
We simply cannot undertake appellant’s earliest dispute. We understand you to definitely some common law jurisdictions acknowledge non-ceremonial or “common-law marriages.” These marriage ceremonies are designed by consent of your own functions because any other offer. F.W. Kuchlar, Rules off Engagement and you will Relationship step 1-5 (2d ed. 1978); come across O.Age. Koegel, Common law ent in the us (1922). However, common law marriage ceremonies commonly acknowledged inside the Puerto Rico. The fresh new requisites away from a valid matrimony from inside the Puerto Rico are set ahead during the Blog post 69 of your own Civil Password, 29 L.A great. § 231. Incorporated among these requisites is the “[a]uthorization and you can occasion away from an effective matrimonial contract with regards to the models and solemnities prescribed by law.” On absence of this type of models and you can solemnities, there can be no matrimony. Rivera v. District Legal off San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).
