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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). The newest legal of is attractive unearthed that, under Puerto Rican legislation, good concubine from a worker has actually a directly to a portion of the property gotten throughout concubinage however, does not have a directly to inherit good widow’s show of your dry worker’s intestate personal assets. For this reason, the newest claimant could not end up being considered to get brand new widow of the fresh new worker under 42 U.S.C. 416(h)(1)(A) because of the applying of the law out-of Puerto Rico towards the intestate sequence. Inside maintaining the new section court’s decision affirming the new Secretary’s denial off so it claim to have widow’s gurus, this new judge of is attractive held that the claimant wasn’t named in order to hot bogota women looking for men benefits as the disabled widow of one’s employee.

Appellant Esther Ayuso Morales looked for Personal Cover disability pros established their own reputation as “widow” of the insured staff member Honorio Montanez Figueroa. Less than 42 You.S.C. § 416(c) so you’re able to qualify while the an excellent “widow” a female must have become partnered for around nine days in the course of their unique husband’s passing. Appellant’s marriage took place within the 9-week several months. Advantages was basically refused.

She contended one to, while the she and the staff member had cohabited to possess 2 decades earlier into the big date of their ceremonial relationships, the cohabitation got transformed their relationships for the a legal marriage well till the nine-times several months

Toward interest, she urges you to the woman is nonetheless eligible as she cohabited with their unique spouse to own 2 decades ahead of their marriage. She contributes one to, anyway, lower than 42 U.S.C. § 416(h)(1)(A) an applicant try good widow when the she would, “underneath the legislation . . . [away from Puerto Rico] determining this new devolution off intestate personal property, have the same position . . . while the a wife . . . [or] widow. . . .” See fundamentally, Rombauer, Marital Position and you can Qualification for Government Legal Earnings Masters: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She claims the concubinage laws off Puerto Rico brings their own such as for example position.

We cannot undertake appellant’s first conflict. We understand one to some typically common rules jurisdictions acknowledge low-ceremonial or “common law marriages.” Such marriages manufactured of the agree of the events just like the another offer. F.W. Kuchlar, Legislation away from Engagement and you will Marriage step 1-5 (2d ed. 1978); get a hold of O.E. Koegel, Common law ent in america (1922). But common-law marriages commonly recognized for the Puerto Rico. The fresh new requisites out of a legitimate relationship within the Puerto Rico are ready forward in Article 69 of the Civil Code, 29 L.A good. § 231. Incorporated of the requisites is the “[a]uthorization and event out-of a matrimonial deal with regards to the variations and you will solemnities given for legal reasons.” Regarding the lack of such models and solemnities, discover zero marriage. Rivera v. Region Court regarding San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).