S.C

The latest claimant removed handicapped widow’s insurance coverage benefits with the worker’s income list, although Secretary refuted their unique software because the claimant failed to meet the 9-times period-of-marriage specifications in 42 You. 416(c). So it assertion is actually kept of the area legal. This new claimant after that appealed into U.S. Judge away from Appeals toward First Circuit. The brand new judge off appeals noted you to definitely Puerto Rico doesn’t accept common-law marriage ceremonies hence the requirements to possess creating a valid relationships from inside the Puerto Rico are prepared forth from inside the Blog post 69 of your Municipal Password, 29 L.P.R.A great. § 231. The fresh courtroom found that, in this instance, the needs of Blog post 69 was indeed demonstrably perhaps not met 9 months before the worker’s passing. The new legal next unearthed that the latest claimant’s constitutional “equal cover” assault towards the 9-month period-of-matrimony specifications is invalid below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). Brand new claimant including contended one to, as she try new worker’s concubine, she got a right below Puerto Rican laws in order to inherit from the fresh new worker’s property just like the their widow, and you will she will be deemed to get the widow of your staff below 42 You. 416(h)(1)(A). The fresh new judge away from is attractive found that, significantly less than Puerto Rican laws, an effective concubine out of an employee provides a right to a percentage of the property obtained throughout concubinage but really does n’t have a straight to inherit an effective widow’s display of your dead worker’s intestate individual possessions. Hence, the claimant couldn’t be considered to get the new widow regarding brand new employee lower than 42 U. 416(h)(1)(A) because of the application of legislation away from Puerto Rico to your intestate succession. In maintaining the new district court’s decision affirming brand new Secretary’s denial off it claim to have widow’s experts, the latest court from appeals held your claimant was not named in order to professionals just like the disabled widow of employee.

She contended you to, while the she as well as the staff had cohabited to possess 2 decades past with the time of the ceremonial wedding, its cohabitation got transformed their dating with the a legal wedding well until the nine-week period

Appellant Esther Ayuso Morales sought for Societal Safety impairment masters depending their particular position because “widow” of your insured staff member Honorio Montanez Figueroa. Under 42 You. § 416(c) to meet the requirements due to the fact good “widow” a lady have to have become hitched for at least nine days in the course of their unique partner’s dying. Appellant’s wedding happened inside the 9-month several months. Pros was denied.

Toward attention, she urges you to definitely the woman is nevertheless eligible as she cohabited with their unique partner getting two decades just before its marriage. She contributes you to definitely, anyway, around 42 You. § 416(h)(1)(A) a candidate try an effective widow if she’d, “under the laws and regulations . . . [out-of Puerto Rico] choosing the new devolution from intestate personal property, have a similar reputation . . . as a spouse . . . [or] widow. . . .” Pick fundamentally, Rombauer, Marital Status and you can Eligibility to own Federal Legal Earnings Pros: An ancient Questionnaire, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage rules off Puerto Rico offers their own such as for example standing.

We cannot deal with appellant’s basic disagreement. We understand one some common rules jurisdictions accept non-ceremonial or “common-law marriage ceremonies.” These marriages are available from the agree of one’s parties because some other contract. F.W. Kuchlar, Laws regarding Involvement and you may Marriage step 1-5 (2d ed. 1978); select O.E. Koegel, Common-law ent in america (1922). But common law marriage ceremonies are not recognized into the Puerto Rico. New requisites regarding a valid matrimony for the Puerto Rico are prepared forth in Post 69 of your own Municipal Password, 30 L.P.R.An effective. § 231. Incorporated of these requisites is the “[a]uthorization and you can occasion away from a good matrimonial deal with respect to the models and you will hyesingles desktop solemnities given by law.” Regarding absence of these forms and you can solemnities, discover no matrimony. Rivera v. Area Legal away from San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio en derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).