P.R
New claimant removed disabled widow’s insurance policies masters for the worker’s earnings record, but the Secretary denied her software due to the fact claimant don’t meet with the 9-week years-of-marriage demands for the 42 You.S.C. 416(c). That it assertion is kept because of the area court. The fresh claimant next appealed towards You.S. Judge from Appeals with the Basic Routine. The fresh new courtroom away from is attractive listed one to Puerto Rico cannot accept common-laws marriage ceremonies and this certain requirements to have creating a legitimate marriage into the Puerto Rico are set forth into the Post 69 of one’s Civil Password, 31 L.A beneficial. § 231. The brand new court unearthed that, in such a case, the needs of Blog post 69 were obviously maybe not fulfilled 9 weeks before the worker’s demise. The fresh court then found that the latest claimant’s constitutional «equivalent protection» attack on 9-few days duration-of-marriage requirements try invalid 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, 50 L.Ed.2d 389 (1976). The new claimant and additionally debated you to definitely, because the she was the latest worker’s concubine, she had the right around Puerto Rican law to inherit out of new worker’s estate since their widow, and she might be deemed become the fresh widow of personnel less than 42 You.S.C. 416(h)(1)(A). Fortsett å lese «She argues one to cohabitation transformed their dating into a legal relationship long before brand new nine-times period»