Questão jurídica principal
Whether the denial of legal aid for the cantonal invalidity-insurance appeal was lawful despite the claimed lack of indigence.
Decisão extraída
The denial could not stand because the claimant's need had not been sufficiently clarified; the matter had to be sent back for a new assessment and, if necessary, further steps concerning spousal support or legal aid conditions.
Fundamentação extraída
In assessing procedural indigence, the income and assets of both spouses must in principle be considered. If the parties are separated, a separate budget must be made, initially considering only the applicant's own means and needs, and the spouse's available contribution may be added if it can be spared without making that spouse indigent. Here, the marital court's provisional allocation did not resolve the spouse's duty to contribute to litigation costs, so the cantonal court could not simply deny need without further clarification.