Verfahren.

The article deals with a procedure before the Bavarian State Social Court (Bay. LSG) regarding whether the defendant must grant the plaintiff a personal budget due to a recognized work accident. The plaintiff has initiated several proceedings before the Bay. LSG, including an appeal against a court decision and an isolated application for legal aid (PKH). However, the appeal was filed after the expiration of the appeal period, and a reinstatement into the previous state was rejected. Therefore, the appeal is inadmissible. It is argued that for an indigent plaintiff in social court proceedings, it is not necessary to conduct an isolated procedure for legal aid before filing an appeal, as no court or attorney fees are incurred in social court proceedings. The Federal Constitutional Court (BVerfG) and the Federal Social Court (BSG) are criticized for not taking these differences into account. It is also argued that an application for legal aid must be filed within the deadline for filing a lawsuit or appeal in order to have a ground for reinstatement. In this case, however, the application for legal aid was only filed after the deadline expired, therefore no reinstatement is granted. [Extracted from the article]