Oviatt

MEMORANDUM **

Myrna Oviatt appeals a district court judgment rejecting her challenge to an administrative law judge’s (“ALJ”) decision denying her claim for social security benefits. Although the ALJ concluded that Oviatt was disabled after proceeding through the five-step evaluation process, the ALJ denied Oviatt’s claim because of her drug addiction and alcoholism. See 20 C.F.R. § 404.1535 (b). Oviatt argues on appeal that the ALJ erred by (1) finding that her drug addiction and alcoholism were material to her disability at step five and (2) finding that she did not meet the criteria of a listing for mental retardation at step three. 1 The facts and procedural history are known to the parties, and we do not repeat them here. For the reasons discussed below, we affirm the judgment of the district court. 2

A. Materiality of Drug Addiction and Alcoholism

“An individual shall not be considered to be disabled ... if alcoholism or drug addiction would ... be a contributing factor material to the Commissioner’s determination that the individual is disabled.” 42 U.S.C. § 423 (d)(2)(C). Drug addiction or alcoholism is material if the limitations that formed the basis of the…