Arant-Livingston

MEMORANDUM **

Appellant Arant-Livingston (Livingston) appeals from the district court’s entry of summary judgment in favor of the Commissioner of the Social Security Administration (Commissioner), affirming denial of disability benefits. We affirm.

We review de novo a district court’s judgment affirming the Commissioner’s denial of benefits. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). In reviewing a disability determination, our review is limited to: (1) whether there is substantial evidence in the record as a whole to support the findings of the Commissioner; and (2) whether the correct legal standards were applied. Id.

There is substantial evidence to support the Commissioner’s findings that Livingston does not meet the listings of impairments in the applicable federal regulations for asthma (3.03(b)), affective disorders (12.04), or other vertebrogenic disorders^.05(c)). The Commissioner’s finding with respect to asthma is supported by the absence of a twelve month examination period, the lack of pulmonary tests, and insufficient duration for many of the claimed attacks. Additionally, the attacks did not occur “in spite of prescribed treatment” as Livingston has…