McBride v. Commissioner

Background

Patricia Ann McBride filed an emergency motion asking for injunctive relief and expedited treatment. She asked the court to direct the Social Security Administration to begin interim benefit payments and complete an expedited accounting of Goldberg Kelly continuation payments. The defendant opposed the motion, and McBride filed a reply.

The opinion states that the case was previously dismissed without prejudice on July 15, 2025, for failure to exhaust administrative remedies under 42 U.S.C. § 405(g). On July 7, 2026, the court ordered McBride to file an amended complaint after exhausting those remedies. McBride then filed a document titled a “first amended complaint,” but the court found that the document was formatted as a summary-judgment motion. The court therefore concluded that there was no operative complaint.

Court’s Analysis

For injunctive relief, the court considered whether McBride had shown four things: a likelihood of success on the merits, a likelihood of irreparable harm without relief, that the balance of equities favored her, and that an injunction would serve the public interest.

The court recognized a likelihood of irreparable harm from the cessation of Supplemental Security Income payments during the appeal period. But it found that McBride had not shown a likelihood of success on the merits of her claims for interim or continuation payments. The defendant argued that it was unclear whether McBride was owed any payments because her Supplemental Security Income involved an excess-resources issue, while judicial review of the administrative law judge’s ruling was limited to an overpayment issue rather than termination of benefits for excess resources. The court concluded that McBride had not established a likelihood of success on her entitlement to interim or continuation payments.

Ruling

Judge Edward M. Chen denied McBride’s motion in part as to requests for the court to direct the Social Security Administration to make interim benefit payments and complete the Goldberg Kelly payment accounting. The court granted the motion in part as to an expedited briefing schedule, but denied McBride’s motion for injunctive relief.

The court ordered McBride to file an amended complaint no later than September 24, 2026. After that filing, McBride may file an opening brief at any time, but no later than October 24, 2026. The defendant’s response brief is due 14 days after McBride’s opening brief, and McBride’s reply is due seven days after the response brief.