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New claimant applied for disabled widow’s insurance coverage positives to your worker’s income listing, however the Secretary refuted their application just like the claimant don’t meet with the nine-week course-of-wedding needs from inside the 42 You. 416(c). That it assertion is actually kept because of the area legal. The fresh new claimant after that appealed for the U.S. Judge regarding Is attractive toward Basic Routine. The brand new judge off appeals noted you to definitely Puerto Rico doesn’t accept common-rules marriages which the requirements for starting a legitimate relationships in the Puerto Rico are set forth within the Blog post 69 of Civil Password, 31 L.P.R.A beneficial. § 231. The newest courtroom found that, in this case, the needs of Post 69 was indeed clearly perhaps not met nine weeks before the worker’s passing. Brand new judge after that learned that the fresh claimant’s constitutional “equivalent cover” assault into nine-day period-of-relationship needs is actually incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 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 latest claimant and argued you to definitely, just like the she is actually the worker’s concubine, she had the right under Puerto Rican legislation in order to inherit from the fresh new worker’s house because their widow, and you can she would be considered getting the fresh new widow of worker around 42 U. 416(h)(1)(A). The legal away from is attractive unearthed that, not as much as Puerto Rican rules, a great concubine out of a worker features a directly to a percentage of the property received during the period of concubinage however, do n’t have a straight to inherit a good widow’s share of the dry worker’s intestate personal assets. Therefore, new claimant couldn’t be deemed is this new widow regarding the latest staff member significantly less than 42 U. 416(h)(1)(A) because of the applying of the law out-of Puerto Rico into the intestate succession. Within the upholding the new section court’s choice affirming the new Secretary’s denial from this allege to have widow’s experts, the newest courtroom away from is attractive kept your claimant wasn’t named so you can experts due to the fact handicapped widow of the staff member.
She contended that, because she additionally the worker had cohabited having twenty years early in the day on day of their ceremonial relationships, its cohabitation got turned the relationship into an appropriate relationship better till the nine-few days months
Appellant Esther Ayuso Morales sought for Societal Protection impairment experts established their own updates due to the fact “widow” of the covered employee Honorio Montanez Figueroa. Less than 42 U. § 416(c) so you’re able to be considered kissbrides.com aparecer neste web-site given that a “widow” a female should have come married for at least 9 days during the time of their own partner’s dying. Appellant’s relationships happened in 9-week months. Professionals were rejected.
For the desire, she appetite you to she actually is still eligible due to the fact she cohabited that have her partner to own two decades before its wedding. She adds one to, anyway, less than 42 You. § 416(h)(1)(A) a candidate is actually a beneficial widow when the she’d, “beneath the laws . . . [off Puerto Rico] deciding new devolution off intestate private property, have the same status . . . as the a wife . . . [or] widow. . . .” Look for fundamentally, Rombauer, Relationship Position and you can Qualifications having Government Statutory Money Advantages: A historical Survey, 52 Tidy.L.Rev. 227, 257 et. seq. (1977). She says that concubinage rules out of Puerto Rico brings their own such as for example reputation.
We can’t deal with appellant’s first disagreement. We all know that some common laws jurisdictions acknowledge non-ceremonial or “common-law marriages.” These marriage ceremonies are designed because of the agree of people due to the fact almost every other price. F.W. Kuchlar, Legislation out of Involvement and you may Relationship step one-5 (2d ed. 1978); select O.E. Koegel, Common law ent in the us (1922). But common law marriage ceremonies are not accepted during the Puerto Rico. This new requisites out-of a legitimate matrimony during the Puerto Rico are prepared ahead inside the Blog post 69 of the Civil Code, 31 L.P.Roentgen.A. § 231. Included of those requisites ‘s the “[a]uthorization and you may celebration regarding a matrimonial package with respect to the versions and you will solemnities prescribed by-law.” From the absence of this type of versions and you can solemnities, there can be no wedding. Rivera v. Region Court from San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio en derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-a dozen (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).
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