Questão jurídica principal
Whether the insured person was entitled to free legal assistance in the IV administrative proceedings.
Decisão extraída
Yes. Given the significance of the revision, the procedural and legal complexity, and the need to safeguard party rights in the pending medical assessment, legal assistance was necessary.
Fundamentação extraída
Art. 37(4) ATSG is an exception and requires necessity. Here, the case involved a reopened rent revision with substantial consequences, no settled case law on the transitional IV provisions, complex medical and legal issues, and a remittal for comprehensive expert examination while the insured was already represented in court.