[NOT FOR PUBLICATION]
                               UNITED STATES OF APPEALS
                                FOR THE FIRST CIRCUIT



                                   ________________

          No. 94-1172

                                 ANDRES ORTIZ ORTIZ,

                                Plaintiff, Appellant,



                                          v.

                       SECRETARY OF HEALTH AND HUMAN SERVICES,

                                 Defendant, Appellee.

                                   ________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                           FOR THE DISTRICT OF PUERTO RICO

                   [Hon. Gilberto Gierbolini, U.S. District Judge]

                                   ________________

                                        Before

                               Torruella, Chief Judge,
                                          ___________
                            Selya and Cyr, Circuit Judges.
                                           ______________
                                ______________________

             Raymond Rivera  Esteves and Juan A.  Hernandez Rivera on  brief
             _______________________     _________________________
          for appellant.
             Guillermo  Gil, United  States Attorney, Maria  Hortensia Rios,
             ______________                           _____________________
          Assistant U.S. Attorney, and  Donna McCarthy, Assistant  Regional
                                        ______________
          Counsel, Region  I, Department  of Health  & Human Services.,  on
          brief for appellee.

                                   ________________

                                  September 2, 1994

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                      Per  Curiam.  Claimant,  Andres  Ortiz  Ortiz,  has
                      ___________

            appealed a  district court  judgment affirming a  decision of

            the Secretary  of Health  and Human Services  (the Secretary)

            which  denied  Ortiz's application  for  disability insurance

            benefits  under the Social Security  Act, 42 U.S.C.    401 et
                                                                       __

            seq..   The Secretary concluded that  Ortiz was not precluded
            ____

            from  performing  other  substantial  gainful  activity  that

            existed in the national  economy, i.e., the Secretary carried
                                              ____

            the  burden of  proof  at Step  5  of the  sequential  review

            process.    See Goodermote  v.  Secretary of  Health  & Human
                        ___ _____________________________________________

            Servs., 690  F.2d 5, 7 (1st Cir. 1982).  We have reviewed the
            ______

            parties'  briefs and  the record  on appeal.   We  affirm the

            judgment of the district court, entered on December 31, 1993,

            essentially for the reasons  stated by the administrative law

            judge and district court.

                      1.   With respect to claimant's contention that the

            ALJ,  a  lay  person,  could not  permissibly  conclude  that

            claimant  retained the residual functional capacity for light

            work absent an RFC evaluation from a physician, we agree with

            the  district court's analysis.  Given the dearth of evidence

            of  any continuing  physical  impairment, whether  claimant's

            alleged pain  imposed any exertional limitation  was an issue

            of credibility to be determined  under the standard set forth

            in Avery v. Secretary of Health and Human Servs., 797 F.2d 19
               _____________________________________________

            (1st Cir. 1986).



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                      2.   Plaintiff asserts that  the ALJ  did not  give

            proper  consideration to his  allegations of  disabling pain.

            Such allegations of  pain must  be considered by  the ALJ  in

            accordance with  Avery.  The hearing  transcript and findings
                             _____

            amply   demonstrate   that   the   inquiry   into  claimant s

            allegations of pain conformed with Avery.
                                               _____

                  Judgment affirmed.
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