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The new claimant taken out disabled widow’s insurance rates professionals for the worker’s money listing, nevertheless Assistant denied their unique app while the claimant don’t meet up with the nine-few days years-of-relationships requisite inside 42 U. 416(c). This assertion try kept from the region legal. The latest claimant after that appealed into the You.S. Judge from Appeals into the Earliest Routine. Brand new legal off is attractive detailed one Puerto Rico does not recognize common-legislation marriages and therefore the needs to possess setting up a valid relationship in the Puerto Rico are prepared onward from inside the Post 69 of one’s Municipal Code, 30 L.P.R.An excellent. § 231. The brand new judge learned that, in this situation, the needs of Article 69 was indeed demonstrably not came across 9 days ahead of the worker’s dying. The fresh court next found that the claimant’s constitutional « equal defense » attack on 9-times period-of-relationship criteria try invalid around 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 claimant including argued one to, as the she was brand new worker’s concubine, she got the right under Puerto Rican legislation so you’re able to inherit out of the latest worker’s house because their widow, and you can she is going to be considered is the new widow of staff member under 42 U. 416(h)(1)(A). The legal out of is attractive learned that, below Puerto Rican legislation, good concubine from a worker keeps a right to a percentage of the property received during the period of concubinage but do n’t have a right to inherit a widow’s display of your dead worker’s intestate personal assets. For this reason, the newest claimant couldn’t feel considered as the newest widow off the new staff member below 42 U. 416(h)(1)(A) of the application of regulations of Puerto Rico on the intestate succession. In maintaining new area court’s choice affirming the brand new Secretary’s denial from which claim getting widow’s benefits, brand new court away from appeals held that the claimant was not called in order to experts due to the fact disabled widow of staff member.
She debated one, once the she and also the employee had cohabited to possess 2 decades prior into the go out of their ceremonial matrimony, the cohabitation got switched their relationships toward an appropriate marriage better up until the 9-few days several months
Appellant Esther Ayuso Morales found Personal Safety handicap professionals dependent their own updates because the « widow » of the insured staff Honorio Montanez Figueroa. Below 42 You. § 416(c) in order to qualify as a beneficial « widow » a lady need come partnered for around 9 weeks in the course of their unique husband’s passing. Appellant’s wedding took place during the nine-day months. Positives were rejected.
To the focus, she cravings one to this woman is still eligible just like the she cohabited that have their unique husband having 2 decades in advance of their relationships. She contributes you to, anyway, under 42 You. § 416(h)(1)(A) a candidate is actually an excellent widow if the she’d, « in guidelines . . . [off Puerto Rico] choosing this new devolution from intestate private assets, have a similar condition . . . since the a partner . . . [or] widow. . . . » Select essentially, Rombauer, Marital Condition and you may Qualifications getting Federal Legal Money Gurus: A historical Questionnaire, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that concubinage rules from Puerto Rico gets their particular for example position.
We can’t take on appellant’s very first conflict. We understand that some typically common laws jurisdictions admit low-ceremonial or « common law marriage ceremonies. » These marriage ceremonies manufactured from the consent of activities as the any kind of package. F.W. Kuchlar, Rules of Involvement and you can Relationship step one-5 (2d ed. 1978); discover O.Age. Koegel, Common law ent in america (1922). However, common-law marriage ceremonies are not recognized when you look at the Puerto Rico. The brand new requisites away from a legitimate wedding during the Puerto Rico are ready ahead inside the Article 69 of one’s Municipal Code, 30 L.P.R.An excellent. § 231. Included of the requisites is the « [a]uthorization and celebration away from a beneficial matrimonial price according to the versions and solemnities prescribed Iraque noivas for legal reasons. » On the lack of such forms and you can solemnities, you will find zero wedding. Rivera v. Area Courtroom from San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-12 (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).
