Facts
This decision concerns an appeal against the refusal to grant free legal assistance in old-age and survivors' insurance (AHV/AVS) proceedings. The Federal Insurance Court has been seized of an appeal by the Federal Social Insurance Office against the decision of the AHV/AVS Appeals Commission of the Canton of Zurich to refuse free legal assistance to Ulrich Bruderer.
The main factual elements are as follows
- Ulrich Bruderer filed an appeal with the AHV/AVS Appeals Commission of the Canton of Zurich regarding a pension claim.
- The Appeals Commission refused to grant him free legal assistance by a presidential decision of 15 January 1972.
- The Federal Social Insurance Office appealed against this decision to the Federal Insurance Court.
Considerations
The Federal Insurance Court considers that the cantonal decision refusing legal assistance is an interim decision that can be separately appealed against by way of administrative law appeal (Art. 97 and 128 FJA, 5 and 45 AniWA). The Federal Social Insurance Office has standing to appeal against such a decision (Art. 103 FJA).
According to the Court's case law, free legal assistance must in principle be granted, provided that the party is in need and the appeal is not manifestly doomed to failure, if representation by a lawyer does not appear unnecessary in view of the objective and subjective circumstances of the…