Questão jurídica principal
Whether the refusal of free legal representation in the cantonal proceedings was lawful.
Decisão extraída
The refusal was upheld because the insured had not shown neediness; the value and encumbrance of the property made further mortgage financing for legal fees plausible.
Fundamentação extraída
Neediness under Art. 61 lit. f ATSG must be assessed on the full financial situation. The court found that the property value was not shown to be too low, that additional mortgage credit had already been granted, and that an increase for legal costs was not ruled out.