I want everyone to know that there is help out there if they need it.
– Diane C. Haar
In this candid conversation for the advisor, Stacey Chillemi sits down with Diane C. Haar—founder of Hawaii Disability Legal Services—to unpack what disability benefits really look like for people across Hawaiʻi and the broader Pacific. From the Hawaiian Islands to American Samoa, the Northern Marianas, Guam, and the Philippines, Diane’s mission is straightforward and heart‑forward: help people secure the monthly income and medical coverage they need to keep living—and thriving—right where they call home.
Together, they break down the essentials: the everyday difference between SSDI and SSI, why the need is so high in this region, and the avoidable mistakes that slow approvals. You’ll find practical guidance on building medical evidence (including RFC forms), navigating the appeals timeline, understanding the Medicare wait, testing work under SGA, handling overpayments and continuing reviews, and addressing stubborn myths—like assuming a 100% VA rating guarantees SSDI. It’s a grounded, compassionate roadmap to help readers know their rights, plan for family, and take the next step with confidence.
Thank you so much for joining us! Our readers would love to get to know you a bit better. Can you tell us a bit about your backstory?
I’m an attorney who pours my heart into disability law—Social Security Disability, SSI, and VA disability. I live in Hawaii and serve people across the Islands, our Pacific territories, and nearby countries. My work is mission-driven: help people secure the monthly income and medical insurance that let them keep living—and truly thriving—where they call home. I’m here to make a complicated process feel human, respectful, and doable.
Tell us a little about yourself and what you do.
I represent people seeking Social Security Disability (SSDI), SSI, and VA disability benefits. I do this throughout Hawaii and across the Pacific—American Samoa, the Northern Marianas, Guam, and the Philippines among them. Our region sends an extraordinarily high percentage of loved ones into the U.S. military, so the need is real and ongoing—Guam, for instance, is the highest sender. Beyond veterans, many local residents are disabled and simply need a caring advocate who shows up, listens, and gets the paperwork right.
Where do you practice, and who do you serve across the Pacific?
I practice on all the Hawaiian Islands and travel to the Pacific territories and neighboring countries. That includes communities of Hawaiians, Chamorros, Samoans, Filipinos, and other local populations who deserve steady support close to home. I also assist people in regional countries because so much funnels through Honolulu, and the legal needs concentrate here. My goal is simple and personal: help people secure the benefits and medical coverage that make long-term life in their home communities possible.
For listeners new to this space, what’s the simplest way to explain the difference between SSDI and SSI—and who typically qualifies?
SSDI isn’t a handout… It’s long-term disability insurance you’ve been paying for with every paycheck. If you’ve worked roughly ten years over your lifetime (less if you’re younger) and about five of the last ten, you’re generally insured if a serious condition keeps you from working. You still have to apply and be accepted, but the insurance is there because you paid into it. SSI, by contrast, is needs-based and available in U.S. states—and among the territories, only in the Northern Marianas—so it’s designed for people with very limited means.
How does SSI support children and young adults with disabilities?
SSI can be a lifeline for children born with significant disabilities—think of a child with Down syndrome—when the family meets the financial need rules. It helps stabilize care early so families aren’t alone. When that child turns 18, SSI can continue if the criteria are still met, offering continuity during a very vulnerable transition. It exists to protect basic stability when earnings aren’t possible.
What are the top three mistakes applicants make that delay their approvals?
First, earning over substantial gainful activity—right now, a little over $1,600 per month gross—causes a technical denial for Social Security programs, no matter how disabled you feel. Second, not seeing doctors consistently; without ongoing medical evidence, decision-makers assume you improved. Third, not completing every form the agencies send, hoping severity alone carries the case. Each misstep is understandable, but any one of them can stall or sink a claim.
Why do income and resource limits trip people up so often?
They’re outdated and unforgiving, and that hurts. For SSI, having more than $2,000 in the bank can block you or get you removed, and that’s hardly a safety net anywhere. A little overtime can push someone just over the monthly earnings limit and cost benefits for that month. It feels harsh because, in real life, it is—and people living on the edge feel it first.
How should someone document medical evidence effectively—including RFC forms and test results?
Keep going to the doctor—one visit isn’t enough to show what’s really happening over time. You need a record that proves your condition is ongoing, not a snapshot on a good or bad day. Ask treating providers to complete functional capacity (RFC) forms: for physical limits (walking, standing, lifting, days missed) and for mental limits (concentration and focus). Both Social Security and the VA look at function; VA uses percentage reductions, while Social Security asks a yes/no question—can you work full-time?
Why is it risky to rely only on the agency’s doctors?
You might be sent to someone outside the specialty you truly need, or the write-up may miss what matters day to day. That can lead to denials that don’t reflect your lived reality. Your treating records are the backbone of your case, and gathering them—especially when you’re not feeling well—takes courage and persistence. Advocacy begins there, because no one can substitute for your documented medical story.
Can you walk us through the appeals timeline—and where does a lawyer add the most value?
I love starting at the beginning so we can complete forms correctly, keep care on track, and submit strong RFCs—preventing problems before they snowball. If someone comes later, I can still jump in and repair issues, but early help reduces stress and mistakes. Realistically, most people are in the SSDI/SSI process for about two and a half years, including people with active cancer. A lawyer helps you pace the journey, meet deadlines, and build the strongest record—so your story is heard clearly.
What should people know about the Medicare timeline tied to SSDI?
Medicare begins 29 months after Social Security recognizes your disability onset—about two and a half years later. You’ll need other coverage to bridge that gap, and while Medicaid is ideal, fewer people qualify today. Even with Medicare, there are premiums and co-pays; Medicaid—if you qualify—can help cover those. Remember, average SSDI benefits are around $1,500 per month and aren’t tax-free unless your overall income is low enough, so every dollar counts.
How do work attempts and substantial gainful activity (SGA) affect eligibility and ongoing benefits?
Earning a little over $1,600 per month gross is considered SGA and typically disqualifies you for Social Security disability programs. After you’re on benefits, you can try working above that level for about eight months; on the ninth, benefits stop. Before approval, you have up to six months to attempt work, but sustained earnings over SGA make approval harder. It’s a tough balance—wanting to try while fearing the loss of the safety net—and that fear is very human.
Overpayments and continuing disability reviews can be scary. What proactive steps help?
Please keep seeing your providers after approval; continuing documentation is still required. If you receive an overpayment notice, file a waiver and an appeal right away—they are separate tools, and using both protects you. Fault doesn’t matter for the waiver; it exists so people who used the money for basic living expenses aren’t crushed by repayment. Get the paperwork in quickly—hard as it is—so you keep options open.
What myths about disability benefits would you like to retire, including the idea that a 100% VA rating guarantees SSDI?
The “welfare queen” narrative doesn’t match the numbers or the reality families live with. SSDI averages about $1,500 per month; VA at 100% without dependents is a little over $3,000, and the average VA rating is 10%—a few hundred dollars. In a place like Hawaii, SSI alone won’t rent a studio, let alone sustain a family. And since a 2017 change, Social Security isn’t allowed to consider your VA percentage—so get your entire VA disability file into your Social Security file so they must review the underlying evidence fairly.
If someone is denied, how can they turn a “no” into a “yes”?
Appeal—please don’t give up. Most initial applications are denied; at reconsideration, about 80% are denied as well. Many approvals happen at the next level, and if you lose at the ALJ hearing, you still have four more appeals—one within the agency and three in federal court. Reapplying can be tougher because the denial follows you, so keep appealing and keep building your record.
What key takeaways should listeners walk away with today?
If you’re disabled, apply—this is insurance you paid for, whether you need it during treatment or long-term. Veterans, apply and also learn about the supports around you—from medical care to housing pathways and education. None of us is immune to sudden illness or injury, so planning now is an act of love for yourself and your family. Know your rights before you need them; preparation is the most compassionate safety net you can build.
What services do you provide, and where?
I focus on Hawaii, the Pacific territories, and neighboring countries because the need is great and so much runs through Honolulu. I’m on the ground across the Islands and pop up where needed in places like American Samoa, the Northern Marianas, Guam, and the Philippines. My purpose is to help people secure the money and medical coverage that let them stay rooted in their homes and communities. I provide these services in person where the need arises, because being present matters.
How can our readers further follow your work online?
Visit hawaiidisabilitylegal.com. You can call us at 888-557-9789 . I’m also reachable on LinkedIn, —use whatever is most comfortable for you. I represent people in Hawaii and the Pacific, and answering questions is always free… just reach out and we’ll walk through your options together.
Thank you for sharing such compassionate, practical guidance. I know our readers will feel seen and supported.
Thank you for having me. I’m grateful for the chance to help people understand what’s available—and I’m always here to answer questions.
