She contends that cohabitation switched their particular dating on the an appropriate marriage a long time before the newest nine-times period

P.Roentgen

The brand new claimant removed handicapped widow’s insurance rates gurus with the worker’s income list, nevertheless the Secretary refused their app due to the fact claimant failed to meet the nine-few days stage-of-wedding criteria inside 42 U.S.C. 416(c). This assertion is upheld from the district judge. The new claimant up coming appealed with the You.S. Courtroom out-of Is attractive on Very first Circuit. The fresh new legal away from appeals noted that Puerto Rico does not admit common-rules marriage ceremonies and therefore certain requirements to own installing a valid relationships within the Puerto Rico are ready forward for the Article 69 of the Municipal Code, 30 L.A beneficial. § 231. The latest courtroom found that, in such a case, the requirements of Blog post 69 was indeed obviously not found 9 weeks ahead of the worker’s passing. The brand new judge next unearthed that brand new claimant’s constitutional “equal cover” assault into nine-times cycle-of-relationships requisite are incorrect significantly less than 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 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The claimant and additionally argued one, since she is actually the newest worker’s concubine, she got the right under Puerto Rican law to help you inherit regarding the fresh new worker’s estate just like the their widow, and she shall be considered is the widow of staff member lower than 42 U.S.C. 416(h)(1)(A). The brand new legal off appeals unearthed that, not as much as Puerto Rican rules, good concubine from a member of staff has actually a right to a portion of the property gotten throughout concubinage but does not have a directly to inherit a beneficial widow’s show of inactive worker’s intestate personal assets. Ergo, new claimant could not feel considered as the fresh widow from the brand new worker lower than 42 U.S.C. 416(h)(1)(A) from the applying of legislation from Puerto Rico on the intestate succession. From inside the maintaining the fresh new region court’s decision affirming the Secretary’s assertion off that it claim to possess widow’s experts, the new legal from is attractive stored your claimant wasn’t titled so you can gurus since handicapped widow of your own employee.

Appellant Esther Ayuso Morales needed Societal Cover disability advantages depending their particular standing as “widow” of one’s covered staff Honorio Montanez Figueroa. Under 42 You.S.C. § 416(c) so you can qualify once the a “widow” a lady need to have already been married for at least nine days at the time of their partner’s death. Appellant’s marriage occurred within the nine-few days months. Advantages was in fact refuted.

She contended that, because she plus the worker got cohabited getting 20 years past into the date of the ceremonial relationships, its cohabitation got turned the relationship on the a legal matrimony better before the 9-month several months

Toward focus, she urges that she actually is nonetheless eligible as the she cohabited having their unique husband to have 2 decades before the relationship. She adds one, in any event, lower than 42 U.S.C. § 416(h)(1)(A) a candidate are good widow if she’d, “underneath the rules . . . [off Puerto Rico] deciding the newest devolution from intestate private property, have the same condition . . . due to the fact a partner . . . [or] widow. . . .” Select fundamentally, Rombauer, Marital Standing and you can Qualification to have Government Statutory Money Professionals: An old Survey, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She states the concubinage legislation out-of Puerto Rico brings their particular like condition.

We can not undertake appellant’s basic argument. We understand you to definitely some common law jurisdictions recognize non-ceremonial otherwise “common-law marriage ceremonies.” These types of marriage ceremonies are manufactured of the consent of events since the all other contract. F.W. Kuchlar, Law of Wedding and you will Matrimony 1-5 italian beautiful women (2d ed. 1978); see O.Age. Koegel, Common law ent in the usa (1922). However, common-law marriage ceremonies are not accepted inside the Puerto Rico. The fresh requisites out of a legitimate relationships for the Puerto Rico are set ahead in the Blog post 69 of Municipal Code, 29 L.An excellent. § 231. Integrated of these requisites ‘s the “[a]uthorization and you will celebration out of a good matrimonial contract depending on the variations and you can solemnities recommended for legal reasons.” Regarding the absence of such versions and you will solemnities, there clearly was no relationship. Rivera v. Area Judge of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-twelve (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).