Patin

MEMORANDUM **

Jacqueline Patín appeals the district court’s summary judgment affirming the Commissioner of Social Security’s denial of her application for disability benefits and for supplemental security income benefits based on disabilities under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq. We reverse and remand.

The award of disability benefits is prohibited where alcohol or drug abuse is a contributing factor to the disability. See 42 U.S.C. §§ 428 (d)(2)(C) and 1382c(a)(3)(J). That is, an individual is not considered disabled for the purposes of the Social Security Act when substance abuse is “ ‘a contributing factor material to the Commissioner’s determination that the individual is disabled.’ ” Sousa v. Callahan, 143 F.3d 1240, 1245 (9th Cir.1998) (citation omitted).

Patín argues that she never had an opportunity to properly present evidence on the non-materiality of her addiction to the ALJ because Congress amended the Social Security Act, after her hearing, to prohibit the payment of disability benefits based on a claimant’s addiction to alcohol or drugs. That argument has merit. See Sousa, 143 F.3d at 1245 ; United States v. Kim, 65 F.3d 123,…