Re: aria alternative for fieldset legend

If a higher level description of the radio button group is not
present, then there's no need for a fieldset/legend. As you note, all
would be at the same disadvantage.

If a visible 'legend' is present and fieldset/legend markup is not
possible, you could use the ARIA radiogroup role with a label that
references this legend text. This should function identical to its
HTML equivalent.

<p id="question">I am the question text?</p>
<div role="radiogroup" aria-labelledby="question">
<input ... >
...
</div>

Jared