Astrue

MEMORANDUM ***

This is a social security disability insurance case. The estate of Randy Lopes challenges the district court’s grant of summary judgment in favor of the Commissioner of Social Security as well as the district court’s order denying the estate’s motion to amend or alter the judgment. This court has jurisdiction to review a final judgment of a district court pursuant to 28 U.S.C. § 1291 . We affirm.

A district court’s order upholding a denial of social security disability benefits is reviewed de novo. McCartey v. Massa-nari, 298 F.3d 1072, 1075 (9th Cir.2002); Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). Both the district court and this court must affirm the decision of an administrative law judge (ALJ) if the decision is supported by substantial evidence and the ALJ applied the correct legal standards. Id.

The estate contends the district court erred in not adopting October 1995 as a start date for determining Lopes’ disability onset date. Although the estate now contends the ALJ should have used October 1995 as the start date, Lopes alleged in his application for benefits that his disability began on February 13,1996.

We conclude that substantial…