She argues you to definitely cohabitation switched their own matchmaking towards the a legal relationship long before the fresh 9-times several months

She argues you to definitely cohabitation switched their own matchmaking towards the a legal relationship long before the fresh 9-times several months


Brand new claimant taken out handicapped widow’s insurance policies gurus towards worker’s money record, nevertheless the Secretary declined her application given that claimant don’t meet with the 9-day duration-of-marriage needs inside 42 U.S.C. 416(c). So it assertion are kept from the section judge. The newest claimant after that appealed for the U.S. Courtroom regarding Is attractive towards Basic Circuit. This new courtroom off appeals noted you to definitely Puerto Rico will not admit common-laws marriage ceremonies which what’s needed to possess starting a legitimate wedding when you look at the Puerto Rico are set forth when you look at the Blog post 69 of one’s Municipal Code, 31 L.Good. § 231. The latest legal discovered that, in this case, the needs of Article 69 was in fact clearly perhaps not found nine days ahead of the worker’s demise. The brand new courtroom after that learned that the newest claimant’s constitutional “equivalent safety” attack towards nine-times course-of-relationships requirement try invalid below Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you can Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). This new claimant along with debated one to, because the she are the brand new worker’s concubine, she got the right less than Puerto Rican laws so you’re able to inherit of the latest worker’s property as their widow, and you can she can be deemed are the newest widow of your personnel significantly less than 42 You.S.C. 416(h)(1)(A). The brand new courtroom out of is attractive learned that, significantly less than Puerto Rican legislation, an excellent concubine out of a worker have a straight to a portion of the home gotten throughout concubinage but do not have a directly to inherit a beneficial widow’s express of your dead worker’s intestate individual assets. Hence, the brand new claimant couldn’t end up being deemed as this new widow away from this new personnel significantly less than 42 U.S.C. 416(h)(1)(A) by application of what the law states out of Puerto Rico into the intestate series. Inside the maintaining new area court’s decision affirming the Secretary’s denial from this claim getting widow’s professionals, the newest legal out of appeals held that the Д°srail posta sipariЕџi fiyatlarД± claimant wasn’t named to professionals just like the handicapped widow of the staff.

Appellant Esther Ayuso Morales sought Societal Shelter handicap positives established their own position as “widow” of insured personnel Honorio Montanez Figueroa. Less than 42 U.S.C. § 416(c) so you’re able to be considered while the an effective “widow” a female need become partnered for at least 9 weeks at the time of their unique partner’s demise. Appellant’s marriage took place in nine-month period. Masters had been denied.

She argued you to definitely, just like the she and the worker had cohabited for 20 years previous toward time of their ceremonial marriage, its cohabitation got turned its dating to the a legal relationship better till the nine-month period

On the appeal, she appetite one to she actually is still qualified while the she cohabited with their spouse to possess two decades prior to the marriage. She adds you to, in any event, less than 42 You.S.C. § 416(h)(1)(A) an applicant was good widow when the she’d, “according to the statutes . . . [away from Puerto Rico] choosing the fresh new devolution out of intestate individual property, have a similar reputation . . . because a wife . . . [or] widow. . . .” Discover essentially, Rombauer, Relationship Standing and you may Qualification having Government Statutory Money Benefits: An old Questionnaire, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She states that concubinage rules off Puerto Rico gives their such as for example status.

We can not deal with appellant’s earliest argument. We all know you to some common legislation jurisdictions admit low-ceremonial or “common-law marriage ceremonies.” These marriage ceremonies are made because of the concur of parties once the virtually any contract. F.W. Kuchlar, Legislation regarding Engagement and Relationships step 1-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common-law ent in the usa (1922). But common-law marriages commonly acknowledged for the Puerto Rico. This new requisites away from a legitimate relationship when you look at the Puerto Rico are ready ahead into the Post 69 of the Municipal Password, 30 L.A great. § 231. Provided of these requisites ‘s the “[a]uthorization and affair out of a good matrimonial deal with respect to the versions and you will solemnities prescribed for legal reasons.” Regarding lack of these types of versions and you will solemnities, discover no marriage. Rivera v. Section Courtroom out of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).