step 1. Syllabus

The fresh couple’s low-relationship relationships recognized not as much as Dominican Republic rules isn’t thought to be a valid age status while the a legitimately married partner of your NH to possess purposes of intestate heredity. Thus, new service would not deem their particular the NH’s widow into the purpose of survivor’s advantages. View Concern Displayed Whether claimant C~ was eligible to survivor’s professionals less than term II of Social Safeguards Work (Act) due to the fact an excellent widow of your dry count proprietor (NH) R~ based on their “common-law” partnership from the Dominican Republic. Whenever they cannot be thought validly hitched, can be the fresh new agency consider the newest claimant brand new NH’s widow to your purpose of determining entitlement because the a wife? Short Address The claimant’s low-marital relationship to the NH was a great “100 % free commitment” accepted under Dominican Republic rules, however, was not seen as a legitimate marriage.

On the the total amount the Dominican Republic comprehends low-relationship “free unions,” the newest claimant doesn’t always have a comparable position due to the fact a legitimately married lover of your NH to own purposes of intestate genetics. Thus, the new agencies won’t deem her the latest NH’s widow into the aim of survivor’s pros. History The new claimant and you will NH existed from the Dominican Republic and so-called that they was indeed when you look at the an excellent “common-law” relationship once the 1980. The happy couple got a couple college students and you can kept themselves out because spouse and you will spouse. (more…)