She argues one cohabitation switched her matchmaking to your an appropriate matrimony long before the nine-month several months

P.Roentgen

This new claimant applied for disabled widow’s insurance coverage experts towards worker’s earnings record, nevertheless Secretary declined her software because claimant failed to meet up with the 9-day duration-of-wedding requisite for the 42 You.S.C. 416(c). It assertion is kept from the section court. New claimant then appealed to your You.S. Court regarding Is attractive into Very first Routine. This new court out-of appeals noted you to definitely Puerto Rico will not recognize common-rules marriages hence the prerequisites to have setting up a valid marriage within the Puerto Rico are ready forth in Article 69 of your Municipal Code, 29 L.An excellent. § 231. The fresh new court found that, in this situation, the needs of Post 69 was certainly maybe not came across nine months prior to the worker’s demise. The latest courtroom after that found that the newest claimant’s constitutional “equivalent shelter” assault into 9-day years-of-marriage requisite is incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The claimant together with contended one, because she is actually the fresh worker’s Venezuelan vakre kvinner concubine, she got the right around Puerto Rican laws so you can inherit away from the fresh worker’s home because their widow, and you can she will likely be deemed as the newest widow of the worker below 42 You.S.C. 416(h)(1)(A). The brand new courtroom from is attractive unearthed that, around Puerto Rican law, a beneficial concubine out-of a member of staff possess a directly to a share of the property gotten during the period of concubinage however, do n’t have a right to inherit an effective widow’s share of the dry worker’s intestate private property. For this reason, the new claimant couldn’t getting considered getting the brand new widow regarding the brand new employee under 42 You.S.C. 416(h)(1)(A) of the application of legislation of Puerto Rico towards intestate succession. Into the maintaining the brand new area court’s decision affirming this new Secretary’s denial off that it claim getting widow’s pros, the courtroom out-of appeals kept that the claimant was not called so you’re able to professionals once the handicapped widow of your own worker.

Appellant Esther Ayuso Morales desired Societal Protection handicap gurus centered her condition because the “widow” of one’s insured worker Honorio Montanez Figueroa. Significantly less than 42 You.S.C. § 416(c) to help you qualify while the an excellent “widow” a lady have to have been partnered for around nine days in the course of their unique husband’s death. Appellant’s wedding took place from inside the nine-times several months. Masters was basically rejected.

She argued one to, since the she and worker got cohabited having 2 decades earlier towards the big date of their ceremonial marriage, their cohabitation had switched its dating with the a legal relationships really before the 9-few days period

With the focus, she appetite you to she is nonetheless qualified as the she cohabited which have their particular partner having 2 decades prior to the marriage. She contributes that, anyhow, not as much as 42 U.S.C. § 416(h)(1)(A) a candidate try a beneficial widow in the event that she would, “underneath the legislation . . . [from Puerto Rico] deciding the new devolution regarding intestate personal property, have a similar position . . . as the a spouse . . . [or] widow. . . .” Look for fundamentally, Rombauer, Relationship Status and you can Eligibility having Federal Statutory Earnings Professionals: A historical Questionnaire, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She states the concubinage legislation out of Puerto Rico brings their particular such as for example position.

We can’t deal with appellant’s first conflict. We know one to some common law jurisdictions accept non-ceremonial otherwise “common law marriage ceremonies.” These types of marriage ceremonies are available from the agree of the activities just like the any kind of offer. F.W. Kuchlar, Law away from Wedding and you may Matrimony step one-5 (2d ed. 1978); discover O.E. Koegel, Common-law ent in the us (1922). However, common law marriage ceremonies commonly approved in Puerto Rico. New requisites from a valid relationship into the Puerto Rico are prepared forth in the Blog post 69 of your Civil Password, 29 L.Good. § 231. Integrated of the requisites ‘s the “[a]uthorization and you will occasion out-of an excellent matrimonial deal according to forms and you will solemnities given by-law.” On the lack of such models and you can solemnities, there was zero relationships. Rivera v. Region Judge from San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).