Kernrechtsfrage
Whether the insured person was entitled to free legal assistance in the administrative objection procedure
Extrahierter Entscheid
Yes. At the time of filing the objection, her position was not hopeless, so the refusal of legal aid was unlawful.
Extrahierte Begründung
Hopelessness must be assessed when the procedural act is filed. When the objection was lodged, only the first criminal judgment existed and no final criminal judgment had yet been rendered. Since the Federal Supreme Court later also granted legal aid in the criminal case, the same assessment had to apply here.