Questão jurídica principal
Whether a refusal to enter into a reconsideration request under Art. 53(2) ATSG can be challenged by objection or appeal
Decisão extraída
No. A refusal to enter into a reconsideration request is not subject to objection or judicial appeal, because reconsideration lies within the administration's discretion.
Fundamentação extraída
Art. 53(2) ATSG does not create an enforceable right to reconsideration. Since the administration may always file a new reconsideration request, an objection procedure would serve no useful purpose.