Rios

MEMORANDUM **

Gregoria Rios appeals from an adverse summary judgment in favor of the Social Security Administration (the “Commissioner”), affirming the Commissioner’s denial of disability benefits. Rios claims that an administrative law judge (“ALJ”) erred when he found that Rios did not qualify as disabled because she did not meet or equal a “listing” in the Social Security regulations. Furthermore, Rios alleges that the ALJ improperly discounted her subjective pain testimony without providing appropriate justification. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s order affirming the ALJ’s decision to deny benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We “may set aside a denial of benefits only if it is not supported by substantial evidence or if it is based on legal error.” Jamerson v. Chater, 112 F.3d 1064, 1066 (9th Cir.1997). “Where the evidence as a whole can support either outcome, we may not substitute our judgment for the ALJ’s.” Key v. Heckler, 754 F.2d 1545, 1549 (9th Cir.1985).

To determine whether a claimant is entitled to disability benefits under the Social Security Act, an ALJ must apply a…