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PARRA v. ASTRUE

No. 04-57046.

481 F.3d 742 (2007)

Cathleen PARRA, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2007.

Attorney(s) appearing for the Case

Andrew Koenig, Ventura, CA, for the appellant.

Liz Noteware, Assistant Regional Counsel, Social Security Administration, San Francisco, CA, for the appellee.

Before HALL, O'SCANNLAIN, and CALLAHAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Senior Circuit Judge.

In 1996, Congress amended the Social Security Act to preclude an award of disability benefits if drug or alcohol abuse is "a contributing factor material to the Commissioner's determination that the individual is disabled." 42 U.S.C. § 423(d)(2)(C). In this appeal, we confront an issue explicitly left open by our prior opinions, namely which party bears the burden of proof on this substance abuse issue. Consistent with...

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