Key legal question
Whether the cantonal court could deny legal aid because the appeal against pension withdrawal was hopeless.
Extracted holding
Yes. Given the updated medical evidence and the observation findings, the cantonal appeal had markedly lower chances of success than of failure.
Extracted reasoning
The Federal Court held that the cantonal court could not rely solely on free evaluation of evidence and general rules on medical reports. But after its own assessment, the court reasonably concluded that the later psychiatric report was more persuasive than the outdated earlier expertise, making the appeal foreseeably hopeless.