Moncada

ORDER

The memorandum disposition filed June 12, 1995, is redesignated as a per curiam opinion.

OPINION

Moneada appeals the district court’s summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) denying Moncada’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. Sulli van, 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). 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. We look at the record as a whole. Id. Where evidence is susceptible to more than one rational interpretation, the decision of the ALJ must be upheld. Id.

Moneada first argues that the ALJ erred by…