Postmaster Marilyn Musser applied for a disability retirement annuity asserting that a “major depressive disorder, family and marital stress, extreme anxiety and difficulty with concentration, retention, and recall” prevented her from performing her duties as a Postmaster with the Postal Service.The Postmaster also testified that anxiety and stress caused by her increased workload and alleged under-staffing by the Postal Service caused her to become absent from work.

In its final decision, OPM denied Musser’s application, finding that her statement, supervisor’s statement, and medical evidence “did not constitute objective evidence that her conditions had worsened significantly and caused disablement.   OPM also found that the evidence submitted did not demonstrate that her conditions caused any documented service deficiencies.”

 The Office of Personnel Management (OPM) petitioned for review of the initial decision issued on December 15, 2004, that reversed OPM’s denial of the appellant’s application for disability retirement benefits under the Civil Service Retirement System (CSRS).  Upon re-hearing MSPB reversed its initial decision, and sustained OPM’s denial of the appellant’s application for disability retirement benefits. The MSPB ruled the evidence presented by  Musser  ”does not unambiguously and without contradiction indicate that the appellant’s medical condition prevents her from performing her specific work requirements.”

Marilyn Joyce Musser v. Office of Personnel Management