QUESTION
               Whether I~ (Claimant) and number holder (NH) C~, were validly married, or may be deemed
                  married, for the purpose of determining Claimant’s entitlement to Title II benefits
                  under the Social Security Act (Act).
               
               ANSWER
               We believe that even though Claimant and NH were not validly married under Title II
                  of the Act, the agency can deem the couple as married for the purpose of Title II
                  benefits. The evidence provided shows that Claimant and NH had a stable union under
                  the laws of Brazil, and as such, Claimant has the same status as a widow of the NH
                  for purposes of intestate inheritance. Accordingly, the agency could find that Claimant
                  is NH’s widow for the purpose of Title II benefits under the Act.
               
               BACKGROUND
               Claimant alleges she and NH established a common- law marriage in 1997 in Brazil.
                  NH and Claimant did not participate in a marriage ceremony. NH’s niece and son, and
                  Claimant’s son submitted statements attesting NH and Claimant lived together continuously
                  for eighteen years and were generally known as husband and wife. Claimant’s son stated
                  NH raised him and they lived together as a family. Claimant submitted documents showing
                  NH adopted her son in Brazil in October 2009. The adoption record stated NH had been
                  living in a stable union with Claimant for thirteen years. The couple had a daughter
                  who died shortly after birth in 1998. Claimant and NH also shared a personal checking
                  account. NH and Claimant resided in Brazil together at his death on June XX, 2015.
                  Claimant filed for widow’s insurance benefits and a lump sum death payment (LSDP)
                  on or about June XX, 2019. She later withdrew, but resubmitted her application on
                  or about September XX, 2021.
               
               DISCUSSION
               Under Title II of the Act, a claimant may be entitled to widow(er)’s insurance benefits
                  on a deceased insured individual’s account if, among other things,[1] the claimant is the widow(er) of the insured individual and their marriage lasted
                  at least nine months as of the day before the insured individual died. See 42 U.S.C.
                  §§ 402(e)(1), (f)(1), 416(a)(2), (c), (g); 20 C.F.R. § 404.335; Program Operations
                  Manual System (POMS) GN 00305.100. Under Title II of the Act, the LSDP, which is a one-time payment of $255, may be
                  paid to a deceased insured individual’s widow(er) who was living in the same household
                  with the insured at the time of his death. [2] See 42 U.S.C. § 402(i); 20 C.F.R. §§ 404.390, 404.391. As pertinent here, the Act
                  provides two methods for a claimant to show he or she is the widow(er) of an insured
                  who was domiciled outside the United States.[3] First, a claimant is the widow(er) of such insured if the courts of the District
                  of Columbia would find that the claimant was validly married to the insured at the
                  time the insured died. 42 U.S.C. § 416(h)(1)(A)(i); 20 C.F.R. § 404.345. Second, if
                  the claimant was not validly married to NH at the time the NH died, the claimant will
                  be deemed to be the insured’s widow(er) if, under the law applied by the courts of
                  the District of Columbia in determining the devolution of intestate personal property,
                  the claimant would have the “same status” as a widow(er) of the insured with respect
                  to the taking of such property. 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345.
               
               In this case, the NH was domiciled in Brazil when he died. Therefore, the claimant’s
                  status will be evaluated under the laws of the District of Columbia.
               
               Claimant was not Validly Married to the NH under the laws
                     of Brazil[4]
               Under the law of the District of Columbia, the validity of a marriage is determined
                  by the law of the jurisdiction where the marriage was entered into. McConnell v. McConnell,
                  99 F. Supp. 493, 494 (D.D.C. 1951); Carr v. Carr, 82 F. Supp. 398 (D.D.C. 1949); Gerardi
                  v. Gerardi, 69 F. Supp. 296 (D.D.C. 1946).
               
               In Brazil, a civil marriage occurs when the couple declares before a judge their free
                  will to establish a conjugal bond, and the judge declares them married.[5] A religious marriage that meets the legal requirements for a valid civil marriage
                  has the same legal effects as a civil marriage, as long as it is registered with the
                  competent civil registrar’s office.[6]
               Here, Claimant and NH lived as husband and wife, but the couple never participated
                  in a marriage ceremony and Claimant did not submit proof they registered their marriage
                  with a civil registrar’s office. Therefore, the District of Columbia would not recognize
                  the couple as validly married, and Claimant is not entitled to Title II widow’s benefits
                  or the LSDP on the record of the NH based on a valid marriage.
               
               Claimant Has the Same Status as a Wife of the NH under the
                     Intestacy Law of Brazil
               Because Claimant was not validly married to NH, the agency will deem the couple to
                  have been married if, under the law applied by the courts of the District of Columbia
                  in determining the devolution of intestate personal property, the claimant would have
                  the “same status” as a spouse of the NH with respect to the taking of such property,
                  if the NH were to die. See 42 U.S.C § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345. Under
                  District of Columbia law, intestate inheritance rights are determined by the law of
                  the decedent’s domicile. Javier v. Comm’r of Soc. Sec., 407 F.3d 1244, 1247 (D.D.C.
                  2005) (citing In re Gray’s Estate, 168 F. Supp. 124 (D.D.C. 1958)).
               
               Here, NH was domiciled in Brazil at the time of his death on June XX, 2015. Accordingly,
                  to determine whether Claimant would have the requisite status with respect to inheritance
                  of the NH’s intestate property, we apply the law of Brazil. Brazil recognizes stable
                  unions between a man and woman who are not formally married as a family entity.[7] On May 10, 2017, the Brazilian Federal Supreme Court held that the distinction in
                  succession schemes between married spouses and partners in a stable union provided
                  in Brazil’s Civil Code was unconstitutional.[8] The Court held that the succession framework applicable to spouses of a civil marriage
                  must be applied both in cases of marriage and in stable unions.[9] Thus, for purposes of Brazilian inheritance rights, stable unions and marriages have
                  the same legal value, providing partners in stable unions the same rights as those
                  of married persons. [10]
               A stable union can be evidenced by public, continuous, and lasting cohabitation that
                  is established with the objective of constituting a family.[11] A joint bank account can also be used to prove a stable union.[12] Here, NH and Claimant met the definition of a stable union. Claimant introduced evidence
                  that she lived with NH continuously in Brazil for eighteen years, NH adopted and helped
                  raise Claimant’s son, and the couple shared a bank account. The 2009 Brazil adoption
                  record also notes the couple were in a stable union for thirteen years. Therefore,
                  we believe under Brazilian law, Claimant would have the same inheritance rights as
                  she would if she were NH’s spouse through a civil marriage. Accordingly, we believe
                  Claimant’s inheritance rights would be recognized by the District of Columbia.
               
               CONCLUSION
               We believe Claimant’s relationship with the NH would be recognized as a valid stable
                  union and that Claimant has the same status as a spouse of the NH for intestate succession
                  purposes under the law of Brazil. Thus, we believe that courts of the District of
                  Columbia would find that the claimant has the same intestate succession rights as
                  a spouse. Accordingly, we believe that there is support for the agency to deem the
                  couple married for Title II purposes.
               
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