Massanari

MEMORANDUM **

Lorraine Clark (“Clark”) applied for supplemental security income benefits pursuant to Title XVI of the Social Security Act (the “Act”). An administrative law judge (“ALJ”) denied Clark’s request after concluding that, although she qualified as disabled under the terms of the Act, her abuse of drugs and alcohol materially contributed to her disability and that, except for drug and alcohol abuse, Clark could perform simple, unskilled work tasks. 1 Using the Medical-Vocational Guidelines, 20 C.F.R. pt. 404, subpt. P, app. 2, the ALJ determined that such simple, unskilled work is widely available in the national economy and that, accordingly, Clark’s disability does not entitle her to benefits under the Act. The ALJ’s decision became the Commissioner’s final decision when the Appeals Council declined review on September 24, 1999. The district court subsequently affirmed the Commissioner’s decision, and Clark timely appeals. We have jurisdiction pursuant to 28 U.S.C § 1291, and we affirm.

A district court’s order upholding the Commissioner’s denial of benefits is reviewed de novo. Lewis v. Apfel, 236 F.3d 503, 509 (9th Cir.2001). The decision of the Commissioner must…