April 20, 2019

Archives for June 16, 2013

Morphic Fields and Change (Part 5): Creative Destruction

rhodesEditor’s Note: This is Part 5 of a 6-Part series. If you have not already read the previous entries, take a moment to do so. We’ll wait. (Here they are – Part 1, Part 2, Part 3, and Part 4.)

Picasso said, “Every act of creation is first of all an act of destruction.”  Anybody who’s tried to do something new knows what he was talking about.

New exists only when old steps aside – or, to put it in “morphic field” terms, change only happens when an existing morphic field dissolves and reforms into a new one. Our bodies and brains prefer status quo, and change will eventually give them the new equilibrium they’re looking for, but first there’s destruction of the old equilibrium and a resulting period of chaos before a new one is reached.

Change ALWAYS begins with destruction and chaos. You’d think we’d have figured that out by now, but we haven’t, so instead of welcoming Picasso’s creative destruction, we react with surprise, fear, and judgment. Truth is, we’re living in a shifting morphic field, where things are taking their normal and natural, biological and psychological course. That sounds reassuring, but try telling that to your rampaging emotions when you’re awake at 3:00 a.m. wondering if you’ve screwed up your life for good this time.  If the change process could be seamless, we might be okay with it. But it’s not and we’re not.

If we could just keep our finger off the panic button for a moment, we might remember that homeostasis is a powerful natural force that can work for us. Think of the words organic and organism; they make you think of the natural world. Now think of the words organize and organization; they connote something artificial and mechanistic, the product of human intention and engineering. Curiously, though, despite their different connotations, all four words have the same root, and represent the same natural process.

We’d like to think we can organize our organizations to work just the way we design them, but not so. For us and for them, change is always an organic process. Not only that, but we’re biologically wired for constant adaptation; which means we’re constantly shaping and reshaping ourselves and our environments and institutions, and so is everybody else. Which also means that, on any given day, there’s a lot of creative destruction and chaos going on.

Next time we start moving toward something new and suddenly everything comes unglued, how about if instead of coming unglued ourselves, we take a moment to reassure ourselves we’re just seeing the normal and natural way the old ends and the new arrives. And then take another moment to thank Picasso’s ghost for the tip off.

Smart guy, that Picasso.

To be continued.

Kevin Rhodes is on a mission to help people love their work and their lives, and create organizations full of other people who do, too. He leads workshops for a variety of audiences, including the CBA’s Job Search and Career Transitions Support Group. You can email Kevin at kevinzdr@gmail.com.

Colorado Rules of Civil and County Court Civil Procedure Amended by Supreme Court

On Friday, June 14, 2013, the Colorado Supreme Court issued Rule Change 2013(07), approved and effective June 7, 2013. The rule change enumerates changes to Rules 103 and 121 of the Colorado Rules of Civil Procedure, and Rules 403 and 411 of the Colorado Rules of County Court Civil Procedure.

The changes to C.R.C.P. 103 and County Court Rule 403 concern court orders on writs of garnishment. Language was added to both rules to clarify that judgment debtors may pay their indebtedness to pro se judgment creditors into the registry of the court, while they should forward their payment to the attorneys or collection agencies representing judgment creditors if the judgment creditors are represented.

C.R.C.P. 121, § 1-15, “Determination of Motions,” was amended to add language to subsection 10 excepting orders requiring the signatures of parties as required by rule or statute to the rule about proposed orders.

County Court Rule 411, “Appeals,” was amended to revise the language about lodging the record with the clerk so that it now must be filed 42 days after the filing of the notice of appeal. Previously, the language said that it must be filed 42 days after the judgment.

For a complete list of the Colorado Supreme Court’s 2013 rules changes, click here.

Tenth Circuit: Social Security ALJ Properly Applied Medical-Improvement Standard in Finding Disability Ceased

The Tenth Circuit Court of Appeals published its opinion in Newbold v. Colvin on Thursday, June 13, 2013.

Tyla M. Newbold sought disability insurance benefits (DIB) and supplemental security income (SSI) based on “fibromyalgia, chronic fatigue, depression, anxiety[,] and chronic migraines.” She appealed from a magistrate judge’s order affirming the Commissioner’s decision to grant social security benefits from October 1, 2006, through November 1, 2007, and to deny benefits thereafter. The Commissioner determined Ms. Newbold had been disabled during this closed period due to physical and mental impairments, but that her disability ceased on November 2, 2007, when she experienced a medical improvement related to her ability to work.

Newbold argued that the ALJ improperly found medical-improvement based on symptom improvement alone in making his disability-cessation decision. The Tenth Circuit disagreed. “The Commissioner’s regulations, Shepherd’s application of those regulations, preexisting Tenth Circuit case law, and the POMS demonstrate that an ALJ may find medical improvement based on an improvement in signs, laboratory findings, and/or symptoms.”

The court also concluded that substantial evidence supported the ALJ’s decision to give Newbold’s treating rheumatologist’s opinion, after November 1, 2007, diminished weight as it was at odds with his own notes on that date showing improvement. The court affirmed the district court.

Tenth Circuit: Unpublished Opinions, 6/14/13

On Friday, June 14, 2013, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.

Salgado v. Polk

Simantob v. Mullican Flooring

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 6/13/13

On Thursday, June 13, 2013, the Tenth Circuit Court of Appeals issued one published opinion and eight unpublished opinions.

Glover v. DCP

United States v. Wallace

United States v. Sitlington

United States v. Tenorio

United States v. Freeman

Cathey v. Workman

 Martinez v. Colorado Attorney General

United States v. Hunter

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.