Pederson-Plummer

MEMORANDUM ***

Lorraine Pederson-Plummer appeals the district court’s order affirming the Commissioner of Social Security’s denial of her applications for disability benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act. We affirm in part, reverse in part, and remand for further proceedings.

Pederson-Plummer contends that the Administrative Law Judge (“ALJ”) erred by failing to allow her friend Ramona Miller to testify at the hearing before the ALJ. This contention is belied by the record. The ALJ afforded Pederson-Plum-mer an opportunity to have Ms. Miller testify. Another issue, however, requires reversal and remand.

The ALJ erred by prematurely determining that Pederson-PIummer’s “primary impairment” was substance abuse. The ALJ relied upon the rule that an individual is not considered disabled for the purposes of Titles II or XVT of the Social Security Act if drug addiction or alcoholism is a contributing factor material to the determination of disability. See 42 U.S.C. § 423 (d)(2)(C); 20 C.F.R. §§ 404.1535 (a), 416.935(a). In Bustamante v. Massanari, 262 F.3d 949, 953-55 (9th Cir.2001), we held that, in determining whether an…