Hubbard

MEMORANDUM ***

Appellant Debra F. Hubbard appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of her benefits claims. The court has jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s decision de novo. Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004). We must affirm the Commissioner’s decision if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Holohan v. Massanari, 246 F.3d 1195, 1201 (9th Cir.2001). The facts and procedural history are familiar to the parties, and we do not repeat them here. Hubbard asserts three primary reasons for reversing the Commissioner’s decision.

First, Hubbard asserts that the administrative law judge (“ALJ”) violated due process by admitting a surveillance video into evidence, that no foundation was laid for the video, and that the ALJ gave the video undue weight. Hubbard’s assertions lack merit.

Prior to the hearing, the Commissioner provided Hubbard with a list of witnesses *723 and documents intended for use at the hearing. The list included an exhibit entitled “Report of Investigation dated 10/16/00.” That report was…