Facts
In this case, the issue was whether the IV-Stelle (IV Office) should have ruled on a request for reconsideration dated November 14, 2002, and the claim made therein of a deterioration of the state of health. The Federal Social Insurance Court had to decide whether the IV-Stelle must issue a contestable decision in such a case or whether the non-consideration of the request for reconsideration is not contestable.Considerations
The court concluded that the IV-Stelle is not obliged to issue a decision on a request for reconsideration. According to Art. 53 para. 2 GSSLA, it is at the discretion of the insurance carrier to reconsider legally binding decisions or objection decisions if they are clearly incorrect and their correction is of significant importance. Since there is no right to reconsideration, the non-consideration of a request for reconsideration does not constitute a benefit within the meaning of Art. 49 para. 1 or Art. 51 para. 1 GSSLA for which a decision must be issued.
Furthermore, an objection against the non-consideration of a request for reconsideration would be futile, as the decision on whether to reconsider remains at the discretion of the administration, and a rejecting objection decision would not provide a definitive…