P.R

This new claimant taken out handicapped widow’s insurance policies experts for the worker’s income list, but the Assistant rejected their own application given that claimant didn’t meet with the 9-few days period-of-matrimony needs from inside the 42 U.S.C. 416(c). Which assertion are kept by the district judge. The fresh claimant after that appealed to your U.S. Court of Is attractive into Earliest Routine. The fresh courtroom out of is attractive noted you to definitely Puerto Rico will not acknowledge common-laws marriages and therefore certain requirements for starting a valid relationships from inside the Puerto Rico are set forward when you look at the Article 69 of your Municipal Code, 29 L.A. § 231. The new court unearthed that, in such a case, the needs of Article 69 was basically clearly maybe not found nine days ahead of the worker’s death. The brand new legal subsequent discovered that brand new claimant’s constitutional “equivalent safety” assault on the 9-day period-of-relationship requisite try invalid under 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 brand new claimant and additionally debated that, once the she is actually the brand new worker’s concubine, she had a right significantly less than Puerto Rican laws in order to inherit off the worker’s house due to the fact their widow, and she will be considered is the new widow of your employee around 42 You.S.C. 416(h)(1)(A). New judge away from is attractive discovered that, less than Puerto Rican rules, a concubine out of a worker has actually a directly to a portion of the property obtained over the course of concubinage however, does not have a right to inherit an effective widow’s show of your own dry worker’s intestate individual property. Hence, the latest claimant could not be considered to-be brand new widow out-of this new personnel around 42 You.S.C. 416(h)(1)(A) by applying of the law out of Puerto Rico toward intestate succession. For the upholding the fresh area court’s choice affirming the fresh new Secretary’s assertion out of that it claim to have widow’s advantages, the courtroom from is attractive held that the claimant was not titled in order to pros because the disabled widow of your worker.

Appellant Esther Ayuso Morales wanted Personal Shelter disability gurus established their own condition since the “widow” of your insured staff member Honorio Montanez Figueroa. Around 42 U.S.C. § 416(c) to help you meet the requirements given that a good “widow” a lady need started married for at least nine days in the course of their partner’s demise. Appellant’s wedding occurred in 9-month months. Experts was in fact denied.

She argued you to definitely, just like the she and employee had cohabited to own 2 decades prior into go out of its ceremonial matrimony, its cohabitation got transformed their dating with the a legal matrimony really before the nine-times period

Toward focus, she appetite you to definitely she is nevertheless qualified as she cohabited that have their own spouse for 20 years before its relationships. She contributes one to, anyway, below 42 U.S.C. § 416(h)(1)(A) a candidate was an excellent widow in the event that she would, “under the legislation . . . [regarding Puerto Rico] deciding new devolution out buraya bakabilirsin of intestate private property, have the same status . . . while the a spouse . . . [or] widow. . . .” Get a hold of generally, Rombauer, Marital Reputation and you can Qualification to possess Federal Legal Income Pros: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She says that concubinage rules off Puerto Rico provides their own eg standing.

We simply cannot deal with appellant’s basic argument. We all know one some traditional law jurisdictions acknowledge low-ceremonial otherwise “common-law marriage ceremonies.” These marriages are made from the concur of the parties given that any package. F.W. Kuchlar, Laws regarding Involvement and you will Relationships step one-5 (2d ed. 1978); see O.Age. Koegel, Common-law ent in america (1922). However, common-law marriages are not acknowledged in the Puerto Rico. This new requisites from a valid relationships in Puerto Rico are prepared forward within the Blog post 69 of Municipal Password, 29 L.A beneficial. § 231. Integrated among these requisites ‘s the “[a]uthorization and you will celebration out-of a beneficial matrimonial bargain according to the variations and you may solemnities given by law.” In the absence of this type of models and solemnities, there can be zero relationships. Rivera v. Section Courtroom away from San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).