DECISION
In the legal dispute
xxx,
Plaintiff or applicant,
Legal representative:
Attorney Sven Adam
, Lange-Geismar-Straße 55, 37073 Göttingen
against
Werra-Meißner district,
represented by the district committee,
legal department 3.1,
Schlossplatz 1, 37269 Eschwege,
Defendant,
The 12th Chamber of the Social Court of Kassel decided on September 18, 2023, through its presiding judge, Judge xxx:
The applicant is granted legal aid without installment payments for the first instance, with the appointment of attorney Sven Adam
REASONS
The applicant was to be granted legal aid, as she is unable to pay the costs of litigation, even in installments, due to her personal and financial circumstances. Furthermore, the application has a reasonable prospect of success and does not appear frivolous (Sections 73a of the Social Courts Act (SGG) and 114 of the Code of Civil Procedure (ZPO)). Legal representation is required (Sections 73a SGG and 121 para. 2 ZPO). The order to suspend the main proceedings does not affect the legal aid proceedings in this case (Gall in: Schlegel/Voelzke, jurisPK-SGG, 2nd ed., § 73a SGG (as of 15.06.2022), para. 99 with reference to LAG Cologne, decision of 19 August 2011 – 4 Ta 233/11, juris para. 5, see also BeckOK ZPO/Jaspersen, 49th ed. 1.7.2023, ZPO § 251 para. 7), especially since the applicant's legal representative expressly requested the continuation of the legal aid proceedings.
