Lopez

MEMORANDUM ***

Ramon Lopez appeals the district court’s judgment finding that substantial evidence supported the Commissioner of Social Security Administration’s denial of benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-33 , 1381-83f. We have jurisdiction pursuant to 42 U.S.C. § 405 (g) and 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s order upholding the Commissioner’s denial of benefits, determining whether substantial evidence supports the Commissioner’s decision and whether the Commissioner applied the correct legal standards. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We review the record as a whole and may not substitute our judgment for that of the Commissioner. Id. at 1098 .

The district court properly concluded that substantial evidence supported the Administrative Law Judge’s determination that Lopez’s impairment was not severe. See 20 C.F.R. §§ 404.1520 (c), 404.1521, 416.920(c), 416.921; Corrao v. Shalala, 20 F.3d 943, 949 (9th Cir.1994). Lopez’s contention that the x-rays revealed objective findings that could account for his back pain is contradicted by the opinion of his treating physician that the…