Brown v. Colvin, 661 F. App'x 894 (7th Cir. 2016). · Go Syfert
Brown v. Colvin, 661 F. App'x 894 (7th Cir. 2016). Cases Citing This Book View Copy Cite
“waived those arguments by not developing them and by raising them for the first time only in his reply brief.”
38 citation events (38 in the last 25 years) across 4 distinct courts.
Strongest positive: Salvino, Sonja v. Berryhill, Nancy (wiwd, 2020-01-29)
Treatment trajectory · 2019 → 2026 · click a year to view as-of
2019 2022 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Salvino, Sonja v. Berryhill, Nancy
W.D. Wis. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
waived those arguments by not developing them and by raising them for the first time only in his reply brief.
cited Cited as authority (rule) Marisela A. v. Frank Bisignano, Commissioner of Social Security
N.D. Ill. · 2026 · confidence medium
(See R. 18, Govt.’s Resp. at 7 (citing Brown v. Colvin, 661 Fed.
discussed Cited as authority (rule) Greer v. Bisignano
N.D. Ill. · 2025 · confidence medium
Martin v. Kijakazi, 2022 WL 1681656 , at *3 (7th Cir. May 26, 2022); Wonsey v. City of Chicago, 940 F.3d 394 , 398 (7th Cir. 2019); Krell v. Saul, 931 F.3d 582 , 586 n.1 (7th Cir. 2019); Hall v. Berryhill, 906 F.3d 640, 644 (7th Cir. 2018); Crespo v. Colvin, 824 F.3d 667, 674 (7th Cir. 2016); Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
discussed Cited as authority (rule) Steger v. Bisignano
N.D. Ill. · 2025 · confidence medium
See, e.g., Martin v. Kijakazi, 2022 WL 1681656 , at *3 (7th Cir. May 26, 2022) (“Martin waived this argument by failing to raise it in his opening brief.”); Wonsey v. City of Chicago, 940 F.3d 394, 398 (7th Cir. 2019); Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Marshall, Greta v. O'Malley, Martin
W.D. Wis. · 2024 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Wies, Martin v. Commissioner of Social Security
W.D. Wis. · 2023 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
discussed Cited as authority (rule) Donnellon v. O'Malley
N.D. Ill. · 2023 · confidence medium
Martin v. Kijakazi, 2022 WL 1681656 , at *3 (7th Cir. 2022) (“[Claimant] waived this argument by failing to raise it in his opening brief.”); Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016) (holding claimant waived “arguments by not developing them and by raising them for the first time only in his reply brief”).
discussed Cited as authority (rule) Ellison v. Commissioner of the Social Security Administration
E.D. Wis. · 2022 · confidence medium
Ind. July 29, 2022), (“The Seventh Circuit has said that a social security claimant forfeits arguments not raised and developed in his or her opening brief”) (citing Brown v. Colvin, 661 F. App'x 894, 895 (7th Cir. 2016)).
cited Cited as authority (rule) Marshall, Todd v. Saul, Andrew
W.D. Wis. · 2022 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Kwiatkowski v. Kilolo Kijakazi, Acting Commissioner of Social Security
N.D. Ill. · 2022 · confidence medium
Martin v. Kijakazi, No. 21-1920, 2022 WL 1681656 , at *3 (7th Cir. 2022); Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016); Nationwide Ins.
discussed Cited as authority (rule) Dean v. Saul
N.D. Ill. · 2022 · confidence medium
But, as discussed above, the ALJ did not found Ms. Zielinski’s 4 A claimant waives “arguments by not developing them” and “by raising them for the first time only in his reply brief.” Brown v. Colvin, 661 Fed.
cited Cited as authority (rule) Carey v. Saul
N.D. Ill. · 2022 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Bergland v. Kijakazi
E.D. Wis. · 2022 · confidence medium
A plaintiff waives arguments “by not developing them and by raising them for the first time only in his reply brief.” Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Fink, Tina v. Saul, Andrew
W.D. Wis. · 2021 · confidence medium
Fink forfeited each of those arguments by failing to include them in her opening brief, see Brown v. Colvin, 661 F. App'x 894, 895 (7th Cir. 2016), so the court declines to consider them.
cited Cited as authority (rule) Elliott, Royal v. Saul, Andrew
W.D. Wis. · 2021 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016) (arguments made for first time in reply briefs are waived).
discussed Cited as authority (rule) Huichan, Debra v. Saul, Andrew
W.D. Wis. · 2020 · confidence medium
Brown v. Colvin, 661 F. App'x 894, 895 (7th Cir. 2016) (citing Nationwide Ins.
cited Cited as authority (rule) Sporrer v. Saul
E.D. Wis. · 2020 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited as authority (rule) Cassens, Michelle v. Saul, Andrew
W.D. Wis. · 2020 · confidence medium
But Cassens forfeited these arguments by failing to include them in her opening brief, see Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016), so the court declines to consider them.
discussed Cited as authority (rule) Gresham v. Saul
N.D. Ill. · 2020 · confidence medium
Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016) (where Claimant asserted for the first time in his reply brief that his mental impairments and lack of counsel kept him from complying with the administrative review procedures of the Social Security Administration, those arguments were waived) (citing Nationwide Ins.
cited Cited as authority (rule) Gazda v. Saul
N.D. Ill. · 2019 · confidence medium
Appx. 831 , 834 (7th Cir. 2018) (“[The claimant] sought to add more arguments in her district-court reply brief, but that was too late to avoid waiver.”); Brown v. Colvin, 661 Fed.
cited Cited as authority (rule) Redding v. Berryhill
N.D. Ill. · 2019 · confidence medium
Brown v. Colvin, 661 F. App'x 894, 895 (7th Cir. 2016); Carter v. Astrue, 413 F. App'x 899, 906 (7th Cir. 2011).
cited Cited "see" Farha Z.B. v. Frank Bisignano, Commissioner of Social Security
N.D. Ill. · 2026 · signal: see · confidence high
See Brown v. Colvin, 661 Fed.
cited Cited "see" Martin, Alicia v. Kijakazi, Kilolo
W.D. Wis. · 2023 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
discussed Cited "see" Auten v. Kijakazi
N.D. Ill. · 2023 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016) (stating that Social Security claimant waived arguments by raising them for the first time in reply brief). 4 Plaintiff contends that the medical opinions the ALJ credited were not supported by the record because they did not account for his obesity.
discussed Cited "see" Stobbe v. Commissioner of the Social Security Administration (2×)
E.D. Wis. · 2021 · signal: see · confidence high
See Brown v. Colvin, 661 Fed.
cited Cited "see" Deeter, Nathan v. Saul, Andrew
W.D. Wis. · 2021 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited "see" Westerback, Carey v. Saul, Andrew
W.D. Wis. · 2021 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited "see" Garbisch, Leah v. Saul, Andrew
W.D. Wis. · 2021 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited "see" Bolin, Noelle v. Saul, Andrew
W.D. Wis. · 2021 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited "see" Luzar, Jeremy v. Saul, Andrew
W.D. Wis. · 2020 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
cited Cited "see" Tejeda v. Saul
N.D. Ill. · 2020 · signal: see · confidence high
See Brown v. Colvin, 661 F. App’x 894, 895 (7th Cir. 2016).
Retrieving the full opinion text from the archive…
Shuntay Antonio BROWN
v.
Carolyn W. COLVIN, Acting Commissioner of Social Security
No. 15-3733.
Court of Appeals for the Seventh Circuit.
Sep 15, 2016.
661 F. App'x 894
Shuntay Antonio Brown, Pro Se, David R. Lidow, Attorney, Michael Jason Scoggins, Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee
Amy, Easterbrook, Eve, Posner, Wood.
Cited by 30 opinions  |  Published

ORDER

Amy J. St. Eve, Judge.

Shuntay Brown sought judicial review of the denial of his applications for Supplemental Security Income and Disability Insurance Benefits. The district court dismissed the suit without prejudice after concluding that Brown had failed to exhaust his administrative remedies. Brown moved for reconsideration of that[*895] determination under Federal Rule of Civil Procedure 60(b), and the court denied the motion. We affirm.

Brown applied for SSI and DIB based on various mental-health conditions. Those applications were denied initially and on reconsideration.

Rather than request a hearing in front of an administrative law judge (the next step in the agency’s administrative review process), Brown filed this suit. In March 2015, the district court dismissed the suit; he did not exhaust administrative remedies, the court said, because he did not seek review from an ALJ and the Appeals Council.

Brown then requested and received a hearing before an ALJ, who concluded in a decision dated May 13, 2015, that he was not disabled. The ALJ found that Brown was capable of a full range of work at all exertional levels, with certain limitations regarding his ability to perform simple, routine, and repetitive tasks and his interactions with others. The ALJ informed Brown that he had 60 days within which to appeal her decision to the Appeals Council, see 20 C.F.R. §§ 404.968, 416.1468. Over the following month, Brown sent multiple letters to the ALJ asking her to reopen the case. The ALJ denied these requests, and in a letter of June 10, 2015, informed Brown that he should file an appeal with the Appeals Council “immediately” if he disagreed with her unfavorable decision ixi May.

Brown filed an appeal with the Appeals Council on July 29. The Appeals Council dismissed the request for review as untimely, finding no good cause to extend the time for appealing because Brown repeatedly had been advised that he needed to file an appeal within 60 days of the ALJ’s decision.

Brown then returned to the district court and sought reconsideration of its earlier dismissal on grounds that the agency had rendered a final decision that the court could review under 42 U.S.C. § 405(g). The court denied his motion. The agency’s final decision was the Appeals Council’s dismissal, which the court said was not subject to further review, and Brown had not established exceptional circumstances meriting relief under Rule 60(b).

On appeal Brown maintains that he is entitled to Rule 60(b) relief because he has exhausted the agency’s administrative-review process but says nothing to suggest why the district court was wrong to conclude that he did not demonstrate exceptional circumstances to merit the “extraordinary remedy” of relief under that rule, Banks v. Chi. Bd. of Educ., 750 F.3d 663, 668 (7th Cir. 2014) (quoting Bakery Mach. & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845, 848 (7th Cir. 2009)). Even pro se litigants must comply with Federal Rule of Appellate Procedure 28(a)(8), which requires that an appellate brief contain a cogent argument and reasons supporting it. In his reply brief, Brown asserts that his mental impairments and lack of counsel kept him from complying with the administrative-review procedures, but he waived those arguments by not developing them and by raising them for the first time only in his reply brief. See Nationwide Ins. Co. v. Cent. Laborers’ Pension Fund, 704 F.3d 522, 527 (7th Cir. 2013). To the extent that Brown seeks to challenge the underlying dismissal for failure to exhaust administrative remedies, he may not do so because in a prior order we limited this appeal to a review of the order denying the Rule 60(b) motion (the order of December 3,2015).

AFFIRMED.