Why the state comes out ahead? Judicial decision making in the Norwegian National Insurance Court

Welfare services are protected by law and increasingly users of such services may challenge the decisions of public authorities in courts and court-like bodies. Critics of this judicialization of welfare services have criticized how it constrains elected politicians and bureaucrats, but have only to a limited extent explored how judicialization affects the ability of vulnerable groups to have their needs met. The ability to succeed in legal bodies largely depends on individuals and groups having access to adequate legal assistance, and here there is a fundamental imbalance between the state and recipients of welfare services. We are collecting data on decisions regarding complaints about basic assistance and the parties' access to legal aid in the Norwegian National Insurance Court between 2016 and 2022, which handles complaints about decisions made by the Norwegian Labour and Welfare Administration (NAV). In order to be granted basic support, disabled or chronically ill individuals, or their caregivers, must demonstrate that the economic costs within pre-defined areas are higher than for "healthy individuals." We are examining the connection between complainants' access to legal aid, their age and gender, their ability to document expenses, as well as obtain medical documentation for their condition, and the likelihood of succeeding against the state as a powerful counterparty.