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New claimant taken out handicapped widow’s insurance experts into the worker’s money checklist, nevertheless the Assistant rejected their unique app since claimant didn’t meet up with the nine-day duration-of-relationship requirement from inside the 42 U.S.C. 416(c). So it denial was upheld by area court. Brand new claimant upcoming appealed into You.S. Legal regarding Appeals into First Circuit. The latest court of is attractive noted one to Puerto Rico will not accept common-laws marriage ceremonies and therefore certain requirements to own starting a legitimate relationships within the Puerto Rico are set ahead from inside the Article 69 of your Civil Password, 29 L.A. § 231. The newest courtroom learned that, in cases like this, the needs of Post 69 have been clearly not found 9 months prior to the worker’s demise. The newest courtroom further discovered that the fresh claimant’s constitutional « equivalent security » attack on nine-day period-of-relationships needs are 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 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The fresh claimant also contended that, since the she is brand new worker’s concubine, she got the right under Puerto Rican law to help you inherit from the brand new worker’s home because the his widow, and you will she are considered to get new widow of your worker lower than 42 You.S.C. 416(h)(1)(A). This new court from appeals found that, below Puerto Rican legislation, a great concubine of a worker keeps a straight to a share of the house received during the period of concubinage but do not have a right to inherit good widow’s show of dry worker’s intestate personal assets. Thus, the fresh new claimant couldn’t become considered as this new widow regarding the fresh staff member under 42 You.S.C. 416(h)(1)(A) by the applying of what the law states out-of Puerto Rico with the intestate sequence. Inside upholding the fresh new district court’s choice affirming the fresh new Secretary’s assertion away from which claim getting widow’s professionals, the newest courtroom from appeals held your claimant wasn’t named to help you positives once the handicapped widow of your employee.

Appellant Esther Ayuso Morales sought Societal Safety disability professionals established their unique position due to the fact « widow » of the covered worker Honorio Montanez Figueroa. Around 42 You.S.C. § 416(c) in order to meet the requirements since a good « widow » a lady have to have started partnered for at least 9 days during their unique partner’s death. Appellant’s relationship took place inside 9-day several months. Advantages was in fact declined.

She argued you to, since she together with personnel got cohabited to possess two decades earlier on the day of its ceremonial marriage, the cohabitation had turned its dating to the a legal matrimony really up until the 9-week period

To the desire, she urges you to she actually is still qualified just like the she cohabited having her spouse having 20 years ahead of the matrimony. She adds one to, anyhow, less than 42 You.S.C. § 416(h)(1)(A) an applicant is an effective widow in the event the she would, « beneath the laws and regulations . . . [of Puerto Rico] determining the fresh devolution away from intestate private possessions, have a similar status . . . because the a wife . . . [or] widow. . . . » Look for basically, Rombauer, Marital Status and Qualification to own Government Legal Income Experts: A historical Questionnaire, 52 Clean.L.Rev. 227, 257 ainsi que. seq. (1977). She says that the concubinage legislation from Puerto Rico offers their unique for example standing.

We can’t undertake appellant’s earliest conflict. We know that some common law jurisdictions accept non-ceremonial otherwise « common-law marriage ceremonies. » This type of marriages are formulated from the agree of your own people because the almost every other offer. F.W. Kuchlar, Laws out-of Involvement and Relationship step 1-5 (2d ed. 1978); select O.Elizabeth. Koegel, Common law ent in america (1922). However, common-law marriages are not accepted during the Puerto Rico. New requisites of a valid marriage from inside the Puerto Rico are set forth for the Post 69 of the Civil Code, 29 L.A good. § 231. Integrated of those requisites is the « [a]uthorization and event away from an effective matrimonial deal with regards to the versions and you may solemnities recommended legally. » In the absence of such models and you may solemnities, there is certainly zero relationships. Rivera v. Section Court of San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).