Medina

MEMORANDUM ***

Guadalupe Medina (“Medina”) appeals the summary judgment of the District Court of the Central District of California affirming the determination of the Commissioner of the Social Security Administration (“Commissioner”) that she was overpaid Supplemental Social Security Income (“SSI”) benefits. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment and we will affirm the Commissioner’s decision if it is supported by substantial evidence. Andrews v. Shalala, 53 F.3d 1035 , 1039 & n. 1 (9th Cir.1995). We affirm.

Medina contends that the Commissioner improperly concluded that she had received overpayments of SSI benefits. The Commissioner found that Medina and Miguel Nieto (“Nieto”), hold themselves out to the community in which they reside as husband and wife. Because of this finding, and based on Nieto’s income, the Commissioner concluded that Medina was overpaid SSI benefits for the period in question (December 1990 — August 1992). Medina argues that she has never been married to Nieto, that the instances in which she held herself out as his wife in the past were largely due to her mental illness, and these instances…