Jesse Lopez v. Department of Health & Human Services

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jesse LOPEZ, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee. No. 92-16785. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1994. * Decided March 30, 1994. Before: FLETCHER, KOZINSKI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jesse Lopez appeals the district court's grant of summary judgment in favor of the Secretary of Health and Human Services ("Secretary"). The district court held that the Secretary's decision denying Lopez's application for disability insurance benefits was supported by substantial evidence. We affirm. 3 We review de novo the district court's grant of summary judgment. Clem v. Sullivan, 894 F.2d 328, 330 (9th Cir.1990). The Secretary's determination that a claimant is not disabled will be upheld if the Secretary applied the proper legal standard and if substantial evidence in the record as a whole supports the decision. Id. 4 To be…