Questão jurídica principal
Whether the refusal of free legal aid and legal representation violated Art. 29 para. 3 BV because the appeal was not hopeless.
Decisão extraída
The refusal was unconstitutional; the appeal was not hopeless on the available record.
Fundamentação extraída
The lower court treated Invalidenrente and Ergänzungsleistungen as if they were welfare and relied on an overly pessimistic financial prognosis. Such benefits are statutory entitlements and not social assistance under Art. 10 para. 1 lit. d ANAG; the prospects of success were sufficient to justify legal aid.