Leonardo S. ORTEZA, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee

ORDER

The memorandum disposition filed December 20, 1994, is redesignated as a per curiam opinion.

OPINION

Orteza appeals from the district court’s summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) denying Orteza’s application for disability insurance benefits. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

The district court’s summary judgment is reviewed de novo. Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir.1992). We must affirm if we determine that substantial evidence supports the findings of the administrative law judge (ALJ) and that the ALJ applied the correct legal standards. Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989) (Magallanes). Substantial evidence is more than a mere scintilla but less than a preponderance — it is such relevant evidence that a reasonable mind might accept as adequate to support the conclusion. Id. To determine whether substantial evidence exists we look at the record as a whole, considering both evidence that supports and undermines the ALJ’s findings. Id. However, if evidence…