P.R

The Arap karД±sД± fresh claimant taken out handicapped widow’s insurance rates positives into the worker’s money number, however the Secretary refuted their unique software because claimant did not meet up with the nine-times course-of-matrimony requirement in 42 U.S.C. 416(c). So it assertion is actually upheld of the district legal. This new claimant after that appealed to your U.S. Court regarding Is attractive toward Earliest Circuit. The new judge from appeals noted that Puerto Rico will not recognize common-laws marriage ceremonies which the needs to own setting-up a valid relationship from inside the Puerto Rico are set ahead inside the Article 69 of Civil Password, 29 L.A good. § 231. The latest judge found that, in cases like this, the needs of Blog post 69 had been clearly not fulfilled 9 weeks prior to the worker’s passing. This new judge next found that the fresh new claimant’s constitutional “equivalent shelter” assault towards the nine-times years-of-relationships demands is invalid lower than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The fresh claimant plus contended one, as the she are brand new worker’s concubine, she had the right below Puerto Rican laws in order to inherit out-of brand new worker’s property as the their widow, and she will be considered are this new widow of your own staff member not as much as 42 U.S.C. 416(h)(1)(A). The brand new legal regarding appeals learned that, below Puerto Rican rules, a great concubine regarding a worker has actually a directly to a percentage of the property received over the course of concubinage however, does not have a right to inherit a good widow’s share of your own deceased worker’s intestate personal assets. Therefore, the brand new claimant could not getting considered become brand new widow off the fresh new employee below 42 You.S.C. 416(h)(1)(A) by application of the law off Puerto Rico for the intestate succession. Within the upholding the latest district court’s choice affirming the fresh new Secretary’s assertion away from that it claim for widow’s pros, the brand new court out-of is attractive kept the claimant was not titled to help you professionals since the disabled widow of the staff member.

Appellant Esther Ayuso Morales sought for Public Safety impairment gurus centered their unique standing due to the fact “widow” of covered employee Honorio Montanez Figueroa. Under 42 U.S.C. § 416(c) so you can meet the requirements because a great “widow” a female need come hitched for around 9 weeks during their husband’s demise. Appellant’s relationship taken place in the nine-times period. Masters was in fact refused.

She argued that, as the she and staff got cohabited to have 20 years earlier into the big date of the ceremonial relationships, its cohabitation had turned its relationship to the a legal matrimony well through to the nine-week period

To the focus, she urges one to she actually is still qualified just like the she cohabited that have their own husband to possess 20 years just before its marriage. She contributes one, anyway, around 42 You.S.C. § 416(h)(1)(A) an applicant was good widow if she would, “according to the legislation . . . [away from Puerto Rico] choosing the latest devolution out of intestate individual possessions, have a similar reputation . . . due to the fact a partner . . . [or] widow. . . .” Look for generally, Rombauer, Relationship Status and you can Qualification having Government Statutory Earnings Professionals: An ancient Survey, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She says your concubinage legislation off Puerto Rico brings her such condition.

We simply cannot accept appellant’s first disagreement. We know you to some common rules jurisdictions recognize low-ceremonial otherwise “common-law marriage ceremonies.” This type of marriages were created because of the concur of your parties because any kind of deal. F.W. Kuchlar, Law out of Engagement and you can Relationship step one-5 (2d ed. 1978); find O.Age. Koegel, Common-law ent in america (1922). However, common law marriages commonly approved in Puerto Rico. New requisites out-of a legitimate relationships for the Puerto Rico are set forth in Article 69 of your Municipal Password, 31 L.Good. § 231. Integrated among these requisites is the “[a]uthorization and you will occasion out-of a good matrimonial contract with regards to the versions and you will solemnities given by-law.” In the lack of these variations and solemnities, there can be no matrimony. Rivera v. District Judge out of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).