She argues one to cohabitation switched their own dating on the an appropriate marriage long before this new 9-week period
P.R
Brand new claimant removed handicapped widow’s insurance policies pros on worker’s income listing, although Assistant declined their unique software once the claimant failed to meet up with the nine-day course-of-matrimony demands inside the 42 You.S.C. 416(c). It assertion try upheld because of the area judge. The brand new claimant upcoming appealed on You.S. Courtroom out of Appeals for the First Routine. The latest legal of is attractive indexed you to definitely Puerto Rico doesn’t know common-legislation marriage ceremonies and therefore what’s needed to have installing a legitimate relationship from inside the Puerto Rico are set forth for the Blog post 69 of Municipal Password, 29 L.A good. § 231. Brand new legal learned that, in such a case, the requirements of Blog post 69 have been demonstrably maybe not came across nine days prior to the worker’s demise. The new court further found that brand new claimant’s constitutional “equivalent safety” assault to your nine-few days cycle-of-wedding criteria is actually incorrect significantly less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). New claimant including debated that, while the she are brand new worker’s concubine, she got a right lower than Puerto Rican laws to help you inherit off the new worker’s home since the their widow, and you will she can be deemed to get the fresh new widow of employee around 42 You.S.C. 416(h)(1)(A). Read more
